Date of Award

23-2-2024

Document Type

Thesis

School

School of Law

Programme

Ph.D.-Doctoral of Philosophy

First Advisor

Dr.Pujari Ravisekhararaju

Keywords

Live-In Relationship, Relationship In The Nature Of Marriage, Domestic Relationship, Presumption Of Marriage, Civil Partnership In India

Abstract

Heterosexual live-in relationship is viewed as a stigma in Indian society. However, through a plethora of judgments, the Apex Court of India granted monetary relief and physical protections to couples in live-in relationships. While so a few High Courts had refused to grant protection to the live-in couples by stating that giving such rights and protection would destroy the country's social fabric.

View of such High Courts reflects on the opinion that our Courts indeed have different ideas while granting reliefs to persons in live-in relationships. Catena of judicial decisions explained this relationship as a "walk in and walked out" relationship. Nevertheless, the Supreme Court has ruled that couples in a live-in relationship can take shelter under the bundle of rights granted under Article 21 of the Constitution of India. Societal morals can be subjective, but laws and the right to life cannot be so. Hence, the researcher attempted to study the legal status of parties in the Live-in relationships.

In India, there is no specific legislation regulating the issues around live-in relationships. From the period of ‘Sati’ to the contemporary times of honour killing (murder based on caste), the relationships between a man and a woman, or a man and man, or woman and woman, or the recognition of other queer relationships, have always been built around societal acceptance. However, it creates a new spectrum of constitutional challenges on the personal laws regarding this issue of live-in relationships.

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