Although there is no specific definition for the word "live-in relationship," it refers to domestic cohabitation between two unmarried people. Couples are increasingly embracing the concept of live-in relationships. However, it is reasonable to state that the prevalence is higher in metros and tier 1 cities, particularly among upwardly mobile youth. For a variety of reasons, people choose live-in relationships over weddings.

Often, couples would enter into live-in relationships to test their compatibility before committing to marriage. It allows them to better understand each other and make well-informed decisions about significant commitments such as marriage.

Live-in relationships, especially in countries like India, where divorce is frowned upon and stigmatised, allow for separation without the intrusion of the state. Premarital sex, on the other hand, is frowned upon in Indian society. As a result, couples cohabiting before marriage are frequently regarded as culturally incorrect, immoral, and revolting to societal norms.

Nonetheless, the Indian judiciary has intervened and awarded relief to live-in couples on numerous occasions, maintaining the individual's right to liberty.

Article 21 of the Indian Constitution establishes the legal framework for live-in couples. This inalienable fundamental right gives rise to the right and freedom of choice to marry or have a live-in relationship with someone of one's own free will.

The Supreme Court ruled in Payal Sharma v. Nari Niketan that a man and woman could live together without getting married if they wanted to. The Court clarified the distinction between law and morality, stating that while live-in relationships are considered immoral by society, they are neither illegal nor an offence.

Rights Of Women Partners And Children In A Live-In Relationship

In addition to providing legal protection to live-in relationships, the Indian judiciary has provided additional protection to partnerships resulting from live-in relationships, demonstrating its role as the caretaker of its residents. In many cases, the woman partner's right to preserve and inherit property has been upheld by the courts. The rights of children born out of such live-in partnerships have been safeguarded by Indian courts.

The Right to Maintenance under Section 125 of the Cr.P.C.

Palimony is a term that is widely used to describe maintenance in live-in relationships. The right to maintenance is covered by Section 125 of the Cr.P.C. in India. This provision that was enacted to achieve social justice by aiding ‘destitute’ wives, hapless minor children and infirm parents [29] is now applicable to the indigent partner of live-in relationships.

Matrimonial disputes are disagreements between married couples over difficulties arising from marriage traditions and customs. These difficulties include withdrawal from the other's society without reasonable cause, mental illness at the time of marriage, desertion of the spouse for a continuous period of two years, and so on, with various remedies such as restitution of conjugal rights, annulment, or divorce available.
Restitution of conjugal rights, legal separation, and other sorts of remedy are accessible to spouses suffering from matrimonial troubles.

RESTITUTION OF CONJUGAL RIGHTS

If either spouse has withdrawn from the other's society without reasonable cause, the aggrieved spouse might approach the court for restitution of conjugal rights. This protects the couple's rights based on their marital status. The court would expect the defendant to explain his or her 'reasonable cause' behind his/her desertion.

JUDICIAL SEPERATION

A Judicial Separation case would investigate issues that are comparable to those in a divorce case. However, legal separation merely involves a temporary physical separation and does not affect the parties' marital status. This is not the case with divorce, which requires a couple to remarry if they want to get back together.

DIVORCE

Before the codification of Hindu marriage laws, the position on dissolution of marriages was very rigid and did not allow dissolution except under certain specified grounds. However, after independence, the law provided for a few grounds on which a marriage could be legally dissolved. The procedure for doing so is known as a divorce.

The procedure for dissolving a marriage is known as divorce. If a couple or one of the parties believes their marriage has failed due to desertion, adultery, bigamy, or other causes stated in the Act, they may petition the court for a divorce.

A divorce is a life-changing event that causes significant changes in the parties' married lives. Other concerns that arise as a result of a divorce include child custody and maintenance for dependents such as the wife and children.

MAINTENANCE UNDER HINDU LAW

Maintenance is an ancillary relief, meaning it is provided in addition to and as a result of other types of relief, such as divorce, custody, and redress of domestic violence.

The wife has an absolute right to claim maintenance from her husband under Hindu law. The Hindu Adoption and Maintenance Act of 1956 protects her entitlement to maintenance.

The court considers a number of variables while determining the amount of maintenance, including the husband's job and responsibilities. It also determines whether the wife's separation from her spouse is justified.