JUDICIAL APPROACH TOWARDS ‘LIVE-IN RELATIONSHIP’ AND ITS IMPACT ON INSTITUTION OF MARRIAGE

Abstract

The idea of cohabitation has come under more public and legal attention in India due to the country's changing social standards. Live-in relationships have gained legitimacy through increasing judicial interpretations, especially under the constitutional protections of personal liberty, autonomy, and the freedom to cohabit without marriage, even though they are not expressly recognized by statutory law. This paper examines the judicial approach toward live-in relationships with reference to landmark Supreme Court and High Court decisions, including their stance on protection of partners, maintenance rights, legitimacy of children, and the application of the Protection of Women from Domestic Violence Act, 2005. It also explores how judicial acknowledgment of such partnerships influences, contradicts, or coexists with the traditional institution of marriage in India. The report contends that although courts have frequently taken a liberal and rights-based stance, they are nonetheless wary of abuse and continue to strike a balance between individual liberties and public morals. The research finds that the judiciary’s shifting perspective reflects a progressive movement toward admitting multiple forms of companionship, so redefining current understandings of family, marriage, and personal choice.