The Allahabad High Court has recently voiced its concerns regarding the rising number of cases involving live-in relationships that end up in court, asserting that this concept clashes with the established norms of Indian middle-class society. Justice Siddharth, while hearing a bail application of Shane Alam, who was accused of sexually exploiting a woman under the false promise of marriage, stated that the courts are "fed up" with such cases after the Supreme Court legalized live-in relationships.
Justice Siddharth observed that live-in relationships are against the "settled law in the Indian middle-class society,". The court highlighted a critical concern: the potential disadvantage faced by women in such relationships. While men may move on and even remarry after a breakup, women often find it difficult to find a suitable life partner. The judge noted that the after-effects of live-in relationships are evident in cases where young women are exploited with false promises of marriage, only to be abandoned later, leaving them in a vulnerable position. The counsel for the informant in the case argued that the accused's actions had ruined the woman's life, leaving her with little chance of finding a suitable match for marriage.
The Allahabad High Court's observations have sparked a debate about the evolving social landscape and its impact on traditional values. While the Supreme Court has recognized live-in relationships as legal, the Allahabad High Court's remarks underscore the practical and social challenges that persist, particularly within the context of middle-class Indian society. The court's statement reflects a concern that the increasing acceptance of live-in relationships may be outpacing society's ability to provide adequate legal and social protections, especially for women.
It is important to note that the Allahabad High Court's observations were made while granting bail to the accused, considering factors such as his incarceration since February 2025, the absence of a prior criminal history, the nature of the allegations, and overcrowding in jails. The court's decision to grant bail does not necessarily reflect an endorsement of live-in relationships but rather an assessment of the specific facts and circumstances of the case before it.
The legal position on live-in relationships in India is complex and evolving. The Supreme Court has recognized the legality of such relationships, providing certain rights and protections to couples who choose to cohabitate without marriage. However, these rights are not always clearly defined or consistently applied, leading to uncertainty and potential for exploitation. Section 125 of the Criminal Procedure Code (CrPC) which denotes the meaning of the word 'wife'. The court added that partners in a live-in relationship do not enjoy an automatic right of inheritance to the property of their partner.
The Allahabad High Court's recent remarks serve as a reminder of the ongoing tension between modern social trends and traditional values in India. As live-in relationships become more prevalent, it is essential to have a broader societal discussion about their implications, particularly for women, and to ensure that the legal framework keeps pace with evolving social norms. This includes addressing issues such as property rights, inheritance, and protection from exploitation and abuse within the context of live-in relationships.
