The High Court emphasized the need to address the societal implications of live-in relationships, stating, “It is high time we consider and establish a framework to uphold the moral values of society.” The court highlighted growing concerns over the impact of such relationships on traditional norms. It called for a collective effort to find solutions that balance individual freedoms with cultural ethics.
Prayagraj: The Allahabad High Court noted that despite the lack of social approval for live-in relationships, the increasing attraction among youth necessitates the development of a framework or solution to preserve “moral values” in society.
Justice Nalin Kumar Srivastava made this observation while granting bail to Akash Keshari from Varanasi, who faced charges under various sections of the IPC and the SC/ST Act for allegedly engaging in physical relations with a woman under the pretense of marriage.
Keshari reportedly refused to marry her after she approached the Sarnath Police Station in Varanasi district.
Regarding live-in relationships, the court stated,
“So far as the live-in relationship is concerned, it has got no social sanction, but since the youth is attracted to such relations because a young person, male or female, can easily escape from his or her liability to his or her partner, their attraction is rapidly increasing in favour of such relations. It is high time we all thought and tried to find out some framework and solution to save the moral values of the society.”
Earlier, Keshari’s lawyer argued that the prosecution’s narrative was false, asserting that the woman was an adult and their relationship was consensual. The defense claimed that the couple had been in a live-in relationship for about six years and that the alleged abortion never took place, also emphasizing that Keshari never promised to marry her.
Live-in relationships, where couples cohabit without formalizing their union through marriage, carry significant societal implications that intersect with cultural, legal, and personal dimensions. These relationships challenge traditional norms, particularly in conservative societies, by offering an alternative to the conventional marriage system and reflecting a broader acceptance of individual choice and autonomy.
The legal recognition and provisions for live-in relationships vary significantly across countries and regions. These provisions primarily aim to address the rights and responsibilities of the partners involved, especially concerning property, inheritance, custody, and protection from exploitation.
In India, live-in relationships are not formally recognized under marriage laws, but the judiciary has extended certain rights to live-in couples through various judgments:
Children’s Rights: Children born out of live-in relationships are considered legitimate and have inheritance rights over their parents’ property.
Recognition by Courts: The Supreme Court of India has upheld the validity of live-in relationships, stating they are not illegal or immoral if the partners are consenting adults.
Protection under Domestic Violence Act, 2005: The Act includes women in live-in relationships, ensuring they can seek protection and relief in cases of abuse.
Right to Maintenance: In cases where a live-in relationship resembles a marriage (often termed a “relationship in the nature of marriage”), courts have granted maintenance rights to women after separation.
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