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2 Warwick Student L. Rev. 54 (2012)
Live-in Relationships in India

handle is hein.journals/warlawr2 and id is 64 raw text is: LIVE-IN RELATIONSHIPS IN INDIA LIVE-IN RELATIONSHIPS IN INDIA Supriya Yadav* 'Traditionally speaking, live-in relationships were alien to our nation till late. Even today it is a fad which is visible only in urban areas. Lately, the Hon'ble Supreme Court, in judgments like Khusboo's case of 23.03.2010, gave a legal cover to this infamous 'western' cultural product but our Parliament also accorded some degree of protection by including live-in relationships within the definition of Domestic Relationship in Section 2 (f) of Protection of Women from Domestic Violence Act 2005. Despite all these developments granting a level of legal legitimacy to the live-in relationship, it is still largely perceived to be an immoral relationship in our society.' 2 -Additional Session Judge, Delhi The aforementioned paragraph is taken from a judgment pronounced at a Delhi district court that sets out the perception of live-in relationships in India. The moral debates surrounding live-in relationships have often diluted the major issues facing the Indian society such as violence against women. The rights and the process of adjudication of justice are often affected if she or he is perceived to live in an immoral situation. In a live-in relationship, as in a matrimonial relationship, women often face various physical, verbal, emotional and economic abuses. While women in a matrimonial relationship have legal recourse available to them, women in live-in relationships do not have many options. It is not difficult to see that the rights of the woman in a matrimonial relationship have come from the approval society has granted to marriage as an institution. On the other hand, the rights of women in live-in relationships are still considered revolutionary in the Indian society. 3 This essay will analyse the various debates surrounding the recognition of the live-in relationship in India. The first part will analyse the laws that exist for female partners in live- in relationships. The essay will then cover various debates that surround recognition of the live-in relationship in context of the rights of women. The discussion will probe further into the construction of the other or the bad woman by the legislature and the judiciary. Finally, the essay will reflect on the rights which are denied to women in India as a result of the social and legal construction of women in live-in relationships as bad women. * LLB (Bhopal, India), currently undertaking LLM (Warwick) 2 State v. Zarzoliani, Tis Hazari Court, Delhi; FIR No. 174/2oo8, SC No. 32/201o. The judgment is available at: <http://www.judis.nic.in/judis-cat/detail-dc.aspx>. Last viewed on 31 January 2012. 3 T.K. Rajalaksmi, Tardy Progress (2011) Volume 28, Frontline, Issue 2. Available at <http://www.frontlineonnet.com/fl28o2/stories/2o11o12828o2o98oo.htm>. Last viewed on 31 January 2012 YADAV, S. I 54

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