Judicial Response on the Problem of Legal Status of Women in Invalid Wed-Locks or Live-in Relationships with Men

Abstract

Everything is not strictly black or white or right or wrong when one treads the complex terrain of human relationships. In feudal society sexual relationship between man and woman outside marriage was totally taboo and regarded with disgust and horror. However, with changing social codes and a new-found sexual freedom, Indian society is waking up to the reality of relationships that are not defined under the ‘pious’ institution of marriage. Further, the Supreme Court of India has repeatedly observed that a live-in relationship between two consenting adults of heterogenic sex does not amount to any offence (with the obvious exception of ‘adultery’), even though it may be perceived as immoral. But this leaves them in a vulnerable situation, socially as well as emotionally, if the relationship does not work out. When the relationship breaks, the female partner has no legal benefits accruing to her in terms of maintenance, alimony and share in property, all of which that a legally wedded wife has. The legal rights of the children born out of such relationship also throw up various intricate challenges before the courts every now and then. However, Indian society is changing, and this change has been reflected and recognized by Parliament by enacting the Protection of Women from Domestic Violence Act, 2005. This paper aims to make an endeavour to take stock of various judgments of the higher judiciary in the light of constitutional provisions and statutory laws on the subject. It will also strive to put up a case for induction of the American concept of ‘palimony’ in the Indian jurisprudence.