Madras HC on Live-in Relationships: Rights of Women and Children
- ByAdmin --
- 30 Jun 2025 --
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The Madras High Court has often addressed the complex social and legal issues surrounding live-in relationships. A recent ruling further underscores the Court’s stance on safeguarding the rights of women and children involved in such arrangements. This article examines the implications of the ruling while exploring related legal provisions and societal challenges.
Live-in Relationships in India: An Overview
Live-in relationships, though not explicitly defined in Indian law, have been recognized by courts as a legitimate form of cohabitation. The Supreme Court of India, in the landmark case of S. Khushboo v. Kanniammal (2010), held that live-in relationships are permissible and fall within the ambit of the fundamental right to life and personal liberty under Article 21 of the Constitution.
The judiciary has consistently sought to protect the dignity and rights of individuals in live-in relationships, focusing on two key aspects: ensuring women’s rights and safeguarding the welfare of children born from such relationships.
The Madras HC Ruling: Key Takeaways
The Madras High Court recently addressed a dispute involving the rights of a woman and her child born out of a live-in relationship. The judgment emphasized the following points:
- Protection under the Domestic Violence Act, 2005:
- Women in live-in relationships are entitled to seek relief under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The Court reiterated that the term "relationship in the nature of marriage" includes live-in relationships, granting women the right to protection from abuse and maintenance.
- Women in live-in relationships are entitled to seek relief under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The Court reiterated that the term "relationship in the nature of marriage" includes live-in relationships, granting women the right to protection from abuse and maintenance.
- Legitimacy and Rights of Children:
- Children born out of live-in relationships are deemed legitimate as per the Supreme Court’s ruling in Tulsa v. Durghatiya (2008). The Madras HC affirmed this, ensuring that such children have the right to inherit property and receive parental care.
- Children born out of live-in relationships are deemed legitimate as per the Supreme Court’s ruling in Tulsa v. Durghatiya (2008). The Madras HC affirmed this, ensuring that such children have the right to inherit property and receive parental care.
- Maintenance Rights:
- Drawing from Section 125 of the Criminal Procedure Code (CrPC), the Court held that a man in a live-in relationship has a duty to provide financial support to his partner and children, similar to marital obligations.
- Drawing from Section 125 of the Criminal Procedure Code (CrPC), the Court held that a man in a live-in relationship has a duty to provide financial support to his partner and children, similar to marital obligations.
- No Room for Exploitation:
- The judgment underscored the need to prevent the misuse of live-in relationships as a pretext for exploitation. The Court advised that men cannot shirk responsibilities merely by denying a formal marital bond.
Legal Provisions Supporting the Ruling
- Domestic Violence Act, 2005:
- Section 2(f): Recognizes “relationships in the nature of marriage.”
- Section 18: Provides protection orders against domestic violence.
- Section 20: Grants monetary relief, including maintenance.
- Section 125 of CrPC:
- Ensures maintenance for neglected wives, children, and parents.
- Ensures maintenance for neglected wives, children, and parents.
- Article 21 of the Constitution:
- Upholds the right to dignity, which extends to women and children in live-in relationships.
Societal Implications and Challenges
While legal protections are evolving, live-in relationships still face social stigma in many parts of India. Women and children often bear the brunt of societal disapproval, making them vulnerable to abuse and neglect. The Madras HC’s proactive stance is a step toward changing perceptions, but broader societal acceptance remains a challenge.
Way Forward
- Awareness Campaigns:
- Educating the public about the legal rights of individuals in live-in relationships can reduce stigma and promote equality.
- Educating the public about the legal rights of individuals in live-in relationships can reduce stigma and promote equality.
- Strengthening Legal Frameworks:
- Enacting clearer legislation to define and protect live-in relationships would provide consistent legal remedies.
- Enacting clearer legislation to define and protect live-in relationships would provide consistent legal remedies.
- Judicial Sensitivity:
- Courts must continue adopting a compassionate approach, considering the unique challenges faced by women and children in such arrangements.
- Courts must continue adopting a compassionate approach, considering the unique challenges faced by women and children in such arrangements.
- Support Systems:
- Setting up helplines and counseling centers can offer support to affected individuals.
Conclusion
The Madras High Court’s judgment is a testament to the judiciary’s commitment to upholding constitutional values of dignity and equality. By emphasizing the rights of women and children in live-in relationships, the Court has laid the groundwork for a more inclusive legal framework. However, the road to societal acceptance and comprehensive legal protection remains a work in progress.
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