Judicial Approach Amidst Growing Live-in Relationship

Abstract

Purpose: The purpose of this article is to comprehend the Judiciary's response and apprehend the pace of change in the social dynamics of the society about live-in relations. This article also comprehends the inter-linkage of the concept of live-in relationships vis-à-vis other laws, which require more clarity. Design/Methodology: In this study, the research brings down the concept of a live-in relationship by analyzing various judgments down the link from pre-independence to post-independence through the Protection of Women from Domestic Violence Act, 2005 (PWDWA). This study analyzed the data of the Supreme Court and High Courts down the line from 2010 to 2021 and analyzed the high courts that have the maximum number of cases. The approach is to identify how Judiciary interprets the live-in relationship in different facts under the light of various laws. Practical Implication: This study helps to identify the way forward in the absence of the legislative framework on live-in relationships through the interpretation by the Hon’ble Supreme Court and other High Courts. Originalities/Value: This study is predominantly based upon the question placed before the larger bench by Madras High Court as to whether the woman is entitled to get a pension in a live-in relationship. The resultant of this work is based upon the opinion of the existing judgment that brings support to reach out to the conclusion. Outcome/Finding: The dimension of the social changes and changing the mindset of youth is an accepted fact to give legal recognition to live-in relationships. The Court has paved the way for a live-in relationship in property, maintenance, and domestic violence. This is high time for the legislature to code the separate statute for the live-in relationship so that the women from this relationship have not exploited due to the non-presence of the statute.