LEGALITY OF LIVE-IN RELATIONSHIPS

A COMPARATIVE STUDY BETWEEN INDIA AND USA

Abstract

The modern era has brought with it various concepts and changes in the societal customs as well as institutions of India. One such concept that has gained populace in the metropolitan cities mostly is live-in relationship, which is considered to be a marriage of sorts but without its actual obligations. It is still considered to be a taboo in many parts of India which is why there are no defined laws laid down for it. The researcher has analysed the legality as well as the evolution of judicial decisions for live-in relationships in India in comparison with USA. Marriage in India has been regarded as a very important tradition since time immemorial, but the globalisation and modernity have brought forward the view among a few people in the society that commitment and tolerance are more important than a traditional custom. Live-in relationships have recently gained a considerable amount of popularity and are being practiced by numerous people in the metropolitan cities in India. This research paper explores the basic dimensions of maintenance of women in live-in relationships and the legal provisions of India in comparison with that of the United States of America. The research has yielded the information that the mentality of the courts regarding live-in relationships has had a substantial change in the last few years. Certain decisions of the Apex Court have given way to supports to the aggrieved party as numerous judgments state. The judgements by the Indian courts have been massively influenced by the USA judgements. Even though live-in relationships have not completely been legalised in India, it is gaining popularity in the metropolitan cities of India yet it is still considered a taboo in the smaller towns. Numerous judicial decisions of the Indian and the US judiciary have been discussed in this research paper that have influenced the further cases. It has been deduced by the research that the changing mentality and modernity regarding live-in relationships should also lead to changes in the legislatures and laws of India that give equal treatment to everyone.