Achi news desk-
GUWAHATI: The Chhattisgarh High Court recently declared that live-in relationships are preferable to marriage as they offer a convenient escape when things don’t work out between the spouses, unlike marriage which is seen as a social contract with legal obligations.
A division bench of Justices Goutam Bhaduri and Sanjay S Agrawal emphasized that marriage provides security, social acceptance, progress and stability, which are not normally provided by live-in relationships.
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"A live-in relationship is preferred over marriage because it provides a convenient escape when things don’t work out between the couple. If the couple wishes to separate, they enjoy the freedom to split unilaterally, regardless of the consent of the other party and without having to go through the cumbersome legal formalities in court." said the bench in its ruling.
However, the court acknowledged that marriage can sometimes result in unequal relationships, with women often at a disadvantage when marriages fail. On the other hand, they noted that women are usually the most vulnerable in live-in relationships, and therefore require special protections.
Also Read: Live-in partners can’t seek divorce, says Kerala HC
"It is very easy for a married man to get out of a live-in relationship and in such a case the courts cannot close their eyes to the vulnerable situation of the survivor from such distressed relationships and children born from such relationships," Set the bench.
The court’s comments came during a hearing on a petition filed by a man seeking custody of his child born out of a live-in relationship. The man had a live-in relationship with a woman, and they had a child together in 2021. The relationship soured, leading the woman to leave with the child in August 2023.
Also read: Life in relationships is part and parcel of life: Allahabad HC
The man applied to the family court for custody on the grounds that he could provide for the child. However, his request was rejected, which made him submit a petition to the High Court.
However, the Supreme Court rejected the petition, reiterating that live-in relationships are not acceptable in Indian culture and can be seen as a social stigma.
Also read: Consensual sex between living partners is not rape if a man does not marry: the Supreme Court
"Living relationships is an imported philosophy contrary to the general expectations of Indian principles. No trick will be available to hide the spot. In the Indian tradition, each citizen has a sense of self that is unique and unlikely to be confused with imported traditions. There can be no more inglorious purpose than to adopt a living relationship to destroy the culture woven into society and tradition," The bench noted.
