Abstract

Marriage in India has traditionally been considered a
sacred institution, deeply rooted in religious, cultural, and social values. It is not merely a union of two
individuals but a lifelong commitment recognized by
law and society, carrying with it rights, obligations, and
responsibilities. Marriage has historically been regarded
as the foundation of family life and social order, ensuring legitimacy of children, inheritance rights, and
social recognition of the couple. However, with
modernization, globalization, and changing socio- economic conditions, the concept of relationships
outside marriage, particularly live-in relationships, has
emerged as an alternative form of companionship. A
live-in relationship, commonly understood as a cohabitation between two consenting adults
without formalizing their union through marriage, challenges the conventional notions of Indian
society. While the institution of marriage enjoys clear legal recognition under various personal
laws and the Special Marriage Act, the status of live-in relationships has remained ambiguous. The judiciary in India, through landmark decisions, has gradually recognized certain rights of
partners in live-in relationships, especially in “the Protection of Women from Domestic Violence
Act, 2005”, where women in such relationships are entitled to protection against abuse. The
Supreme Court and High Courts have also upheld the validity of such arrangements provided
they meet criteria of stability, legality, and consent. Nevertheless, the legal recognition of live-in relationships does not equate them with marriage. Questions concerning inheritance, legitimacy
of children, maintenance, and societal acceptance remain contested. Indian courts have adopted a
case-by-case approach, balancing constitutional values of personal liberty and autonomy with the
traditional sanctity of marriage. This article seeks to analyze the concept of marriage and the
evolving legal status of live-in relationships in India, exploring judicial pronouncements, statutory provisions, and societal implications. It also evaluates whether live-in relationships
signify a progressive shift in personal law or remain a contested alternative within a conservative
social framework.

Keywords