An Analysis of The Approach of The Court in Granting Maintenance With Special Reference To Live In Relationship Cases

Abstract

In India, live-in relationships are on the rise as a convenient alternative to marriage. A live-in relationship, according to the law, is a living arrangement in which an unmarried couple lives together for the purpose of maintaining a long-term connection that is akin to marriage. Domestic cohabitation between an adult couples who are not married is what it is characterized as. It appears to be a stress-free relationship with no legal obligations; nonetheless, it comes with a slew of complexities, responsibilities, and legal liabilities. Attempts have recently been made to bring it inside the purview of several legislations, such as maintenance to the female, legitimacy of a child being born out of that relation, protection to women living in a live-in relation from domestic violence, and so on. It is no longer a crime in India, and several recommendations on child support, property, and legal status have been provided by the Supreme Court in various cases. In India, it is still a contentious issue. The article's main goal is to use secondary sources to better understand the concept of a live-in relationship, and if the females who are in a live in relation can claim maintenance under section 125 of CrPC. The paper suggests that a separate, secular, and gender-sensitive law should be enacted for couples who choose to cohabit in a live- in relationship. So now the question rises, can one claim maintenance under section 125 of CrPC, if they were a party to a live-in relationship? Does the judiciary recognize the concept of “Live- In Relationships”?