Law on live-in relationships | Deeper issue
GS2Polity · Governance · IR· Vulnerable sections (SC/ST, minorities, disabled, elderly, children)· Mains·
Why in news
The Allahabad High Court issued conflicting judgments on the legality of live-in relationships between married individuals, highlighting the tension between personal liberty and social morality.
Background
A single-judge bench ruled such relationships illegal based on a spouse's right to their partner's company. Conversely, a division bench ruled there is no criminal offense in a consensual live-in relationship between a married man and an adult woman, stating social morality should not guide law.
Facts for Prelims
- PlaceAllahabad High Court: Issued conflicting judgments on live-in relationships
- FactDivision bench ruling: No criminal offense in consensual live-in relationships between a married man and an adult woman
For Mains
Q. Discuss the conflict between individual autonomy and societal morality in the legal recognition of live-in relationships in India.
Dimensions to cover in your answer
- Judicial inconsistency: Conflicting rulings between single-judge and division benches on marital rights
- Legal-moral friction: Tension between personal liberty and the 'right to company' of a legal spouse
- Criminality vs. Consent: Debate over whether consensual adult relationships can be criminalized based on social norms
Keywords: Personal Liberty · Social Morality · Judicial Precedent · Right to Company · Consensual Relationships
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