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DHARMASHASTRA NATIONAL LAW

UNIVERSITY, JABALPUR

(Session 2020-2021)

Sociological Perspective on Live-in Relationship Vs.

Marriage Institution

Submitted To: Submitted By:

Dr. Deeplaxmi Chile Sanskrati Jain

[Assistant Professor Section B

of Sociology] BALLB/116/20

Semester -II
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ACKNOWLEDGEMENT
The completion of this project required counselling and assistance from many people and I’m really
thankful towards them for their counselling in my project.

I would like to express my deep gratitude towards my teacher Assistant professor Dr. Deeplaxmi
Chile, who took acute interest in my project and guided me all along. I’m feeling extremely privilege
to have her as my instructor in the project. I owe my deep gratitude to the vice-chancellor Prof.
Balraj Chauhan for his valuable support throughout the project. This project helped me in gathering
a lot of knowledge and becoming more aware of things related to my topic.

I would like to extend my gratefulness to my parents and friends for their valuable support and
advice.

I am making this project not only to get marks but also to enhance my knowledge. At the end I
would like thank everyone who helped me and invested their valuable time for this project.

Sanskrati Jain
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ABSTRACT
The project in toto talks about sociological and legal acceptance of live-in relationships. And it also
analyses the reasons of the marriage being a scared social institution and how this sacredness is
becoming a hurdle in the path of our Indian conservative society becoming a more progressive and
accepting society. The project firstly introduces the topic and tries to familiarize the readers to the
topic so discussed, then research related objectives, questions, methodology etc. things are being
mentioned. After that author categorically introduces and provides detailed insights into what a live-
in relationship is and what are its pros and cons. The author has also tried to introduce an all-
pervasive topic of marriage as a social institution in brief. Then the sociological survey done through
the google form1 has been analysed and its outcomes are interpreted in easy language. At the last
author provided her point of view and reasoning for that , briefly.

1
https://forms.gle/ZUcpykcCMXTRn8KP6
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Table of Contents

Acknowledgement..........................................................................................................2

Abstract...........................................................................................................................3

Introduction.....................................................................................................................5

Research Problem...........................................................................................................5

Research Objective.........................................................................................................5

Research Questions.........................................................................................................6

Research Methodology...................................................................................................6

Literature Review............................................................................................................6

Scope Of The Project......................................................................................................6

Limitation........................................................................................................................7

Data Collection...............................................................................................................7

Live-In Relationships......................................................................................................7

Marriage As Social Institution........................................................................................8

Societal Review On Live-In Vs Marriage......................................................................9

Conclusion And Suggestions........................................................................................12

Bibliography.................................................................................................................12
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INTRODUCTION
With the changing times every social institution has undergone some changes. As earlier couple
referred only to a heterosexual union resulting in marriage. But now it has evolved and changed
drastically. This is so because, as the human society became more sophisticated, it understood that
love is a very beautiful emotion, that has the power to bring two persons together no matter what
their race, sex, caste etc. is. So, they understood that in order to enhance or explore that love, the
partners need to spend more time with each other and may need live-together as well. Here is when
‘marriage’ or a ‘live-in relationship’ make a difference.

We can say that marriage is more socially and legally accepted form of relationship between the
couples. It has its own appeal. But live-in relationships have its own perks and fringes. May be live-
in relationships are not that much socially accepted but couple get more time together and have
ample time to explore each other. Both of these concepts formed by society are institutions of love
and relationships have their pros and cons.

As in Indian society marriage is still considered to be a sacramental institution, maybe that’s why
live-in relationship is still a taboo. It is usually seen as relevant to the idea of virginity, especially of
women, which is considered infringed, if and when she engages in a physical relationship with a man
before her marriage. She is then seen impure or unholy, which is a traditional thought but widely
accepted. This is why a live-in relationship is highly criticised by the society as many claims that
“live-in relationships are spoiling the social fabric of the society.”

But on the contrary the youth is highly buttressing and bracing to the idea of live-in relationship, as it
gives them freedom from marriages arranged by their parents and choose their partner of their own
choice. Live-in relationships strengthen the love between the partners. They get more time with each
other, more ways to talk and get to know each other. Also, every individual is born free and has
his/her own choice with whom he/she wants to spend time and live with. And even it is legally
correct. Sometimes, couples select for a live-in relationship ahead they can get married to experience
what it is like before they go a step further. This is helpful as you can evaluate the areas that you both
may need to work on or if you really want to be married to your partner.

So overall, in this paper has tried to analyse and evaluate the pro and cons of marriage and live-in
relationships from society’s perspective. The author has also tried to include her opinion regarding
this issue. This paper will categorically delve into the legality and social acceptance of both the
institutions. It will also try to find out the reason behind people opting for live-in relationships and
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marriages respectively. It will also include opinions of some people surrounding the author from
different age groups by survey via google forms.

“Marriage don’t guarantee you will be together forever, it’s only paper. It takes love, respect, trust,
understanding, friendship and faith in your relationship to make it last.”

RESEARCH PROBLEM
As society evolves, dynamics may change. But people are hesitant to accept those changes, one such
change is youth’s inclination towards live-in relationships leaving behind the idea of marriage which
is considered to be holy in the eyes of Indian society.

RESEARCH OBJECTIVE
 To understand the reasons of people opting for live-in relationships instead of marriage.
 To evaluate social perspective on live-in relationships and marriages.
 To know legal regulations and framework on live-in relationships vs marriages.

RESEARCH QUESTIONS
 How people perceive live-in relationships?
 What leads the people to opt for live-in relationships rather than marriages?
 What are the reasons marriages are still more acceptable than live-in relations?

RESEARCH METHODOLOGY
Doctrinal research also known as, theory-testing or knowledge building research has been done to
shape the project. The research was done mainly by e-resources. A lot of research has already been
conducted on the same topic. There is no field work required here. For my research work the data has
been collected from various databases, and newspaper articles from The Hindu, The Indian Express
was taken. With the help of internet various books’ summary and their excerpts were read. Various
materials that are available on e-sources have been critically analysed and the similar ideas have
been put forward in the project. The primary as well as secondary documentary sources are utilized
to make the study up-to-date, orderly and scientific. Various reports, books, articles, journals,
judicial decision, website, international, constitutional norms and national measures will be taken as
important research tools. Besides these methods, some other methods will also be applied according
to the need of the study.
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LITERATURE REVIEW
This project cannot be possible without going through literature available on the topic under study.
Before starting up the work on the problem the present study aims to review the existing literature on
the subject. The review of the existing literature would provide clarity of concept, Introductory
understanding of different aspects, and would help in identifying problem zones.

A research paper was reviewed for the purpose of getting a deeper insight of the topic. The paper
titled “Socio-legal dimensions of 'live-in relationship' in India” by Swarupa Dholam. 2 The article
deals with the socio-legal Dimensions of Live-In relationship in India. Live-In Relationship has been
one of the most controversial legal topics in the instant past. The aspects of Live-in relationship were
not very clear in India until the Hon’ble Supreme Court gave its landmark judgment in D
Veluswamy Vs D Patchaiammal3 on 21st October, 2010 about 'relationship in nature of marriage'
under Protection of Women from Domestic Violence Act, 20054. The whole notion of live-in
relationship is not as simple as it appears, but is multi-dimensional bringing along with it many
issues and complications. So, the paper dealt gave insightful information and knowledge in
completing my project.

SCOPE OF THE PROJECT

The scope of the project has been restricted to the socio-legal perspective of the Indian society
towards marriage and live-in relationships.

LIMITATION
 The sample size so collected for survey might be of similar thinking people, even though
efforts have been made to avoid so.
 The author might be biased as she herself is belongs to the youth age group.
 The people so surveyed might be of very progressive or of very regressive opinion.

DATA COLLECTION
The data is mainly collected through e-sources and various books and research papers available on
the same topic. In order to make this study more informative and reliable, the author has tried her
best to collect the data from its source only and use primary data as far as possible.

2
https://www.researchgate.net/publication/286440123_Socio-legal_dimensions_of_'live-in_relationship'_in_India
3
D. Patchaiammal (2010) 10 SCC 469
4
Protection of Women from Domestic Violence Act, 2005. No. 43 OF 2005
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LIVE-IN RELATIONSHIPS
In case of Badri Prasad vs Dy. Director of Consolidation,19785 declared live-in relationships to be
valid. In the case of S. Khushboo v. Kanniammal & others6 Supreme Court held that living together
with person of your choice is a fundamental right that comes under right to life and personal liberty
under Article 21 of the Indian Constitution. The Supreme court in the same judgement recognised
that although the concept off living together of a man and women without being married to each
other be immoral in the eyes of conservative but it is absolutely valid in the eyes of law. And even
Supreme Court has held that various law that are applicable on married couples is also applicable on
Live-in couples, such as under Protection of Women from Domestic Violence Act, 2005, Section 25
of Cr.P.C. etc.

Live-in relationship has its own pros and cons but the society tends to disapprove it as it is against
something to which they are used to and they also foresee this as destruction of their culture a very
sacramental institution i.e., marriage. So, lets discuss the pros of live-in relationships.

Pros- A live-in relationship is similar to a marriage without all the legalities and responsibilities.
You get to know your partner better, and understand the other at a much deeper level. Sometimes,
couples opt for a live-in relationship before they can get married to experience what it is like before
you take it a step further. This is beneficial as you can evaluate the areas that you both may need to
work on or if you really want to be married to your partner.

For some, it is just the pure bliss of waking up next to each other every morning, constantly being in
each other’s presence and going to bed together. Some choose a live-in relationship because they
cannot handle the type of commitment a marriage entail. In such cases, the couple finds that living
together without the legalities suits them and their life better. They probably do not want to risk
being tied up in a messy divorce battle, should the relationship break down.7

Cons- Social Censure is a great disadvantage of live-in relationship. Society finds it hard to accept
such a relationship liberally. It is considered as non-acceptable especially by the older generation.
Couples in such type of relationship are often harassed by the society for their choice. Another
disadvantage is the lack of commitment. Any quarrel or fight can lead to a split, whereas in a
marriage a fight is often followed by reasoning and resolving.

5
AIR. (1978). SC. 1557
6
(2010) INSC 347 (28 April 2010)
7
https://youthincmag.com/live-relationship-pros-cons
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A long time into the relationship, one of the partners may feel ‘suffocated’ in the relationship due to
the lack of personal space. Some may even feel a sense of monotony which causes trouble for the
relationship and could eventually lead to a heart-breaking split.

Recently, Indian cinema came up with a movie featuring Kartik Aryan & Kriti Sanon called ‘Luka
Chuppi’, that portrays the troubles of the Indian youth regarding live-in relationships. It depicts the
dilemma of a couple who decides to know each other better by living together before choosing to
spend their lives together. We all know that love needs to be explored as it has many facets to it. The
movie was a very nice medium to convey the very message to the conservatives or people who find
live-in relations wrong and tend to disparage the couples moving in. 8

However, things are changing in metropolitan cities like Bangalore, Delhi, Mumbai, and Chennai
people are accepting live-in relationship as a legitimate form of relationship, but in rural India, the
situation is not the same. People in rural India do not have a positive outlook towards live in a
relationship. In contrast in western societies’ marriages are seen as an individual choice rather than a
family decision and hence individual liberty is more than in Indian society. Many people in India
believe that live in relationships are just a way to fulfil the sexual desires and hence it is the same as
prostitution, however this kind of mindset needs social conditioning and people need to understand
that people do not go for live in relationship just because they want to fulfil their sexual desires but
the major reason behind opting for live in relationship is that before marriage both the couple want to
see whether they are compatible with each other, this is good in the sense that marriage is a lifelong
relationship and before entering into that sacred relationship everyone has the right to decide whether
his or her partner is perfect or not. Another problem that the Indian society attaches with live in
relationships is that it makes a man and women shrug away from their responsibilities and hence
make them careless, many conservatives are of the view that live in relationship is a bad influence on
the Indian society by the western world. This kind of mentality needs a rethinking as society accepts
only those influences with which the people are comfortable and if it is not harmful. Individual
liberty and freedom are the essences of democracy and hence these two principals must be respected
in any democratic society.9

MARRIAGE AS SOCIAL INSTITUTION

Marriages are said to be made in heaven. But long before the institution of marriage developed, man
and woman may have lived together, procreated children and died unwept and unsung. Their sexual
relations must have been like birds and animals of momentary duration. Marriage and family
8
https://rb.gy/armsmt
9
https://fastforwardjustice.com/
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sociologically signify the stage of greater social advancement. It is indicative of man’s entry into the
world of emotion and feeling, harmony and culture.

Marriage as an institution developed over the time. It may have been accepted as a measure of social
discipline and as an expedient to eliminate social stress due to the sex rivalry. The growing sense and
sensibility may have necessitated the acceptance of norms for formalising the union between man
and woman. Human beings have certain urges like hungers, thirst and sex. Society works out certain
rules and regulation for satisfaction of these urges. The rules and regulations, which deal with

regulation of sex life of human beings, are dealt in the marriage institution.

Marriage creates new social relationships and reciprocal rights between the spouses. It establishes the
rights and the status of the children when they are born. Each society recognises certain procedures
for creating such relationship and rights. The society prescribes rules for prohibitions, preferences
and prescriptions in deciding marriage. It is this institution through which a man sustains the
continuity of his race and attains satisfaction in a socially recognised manner.

Sociologists and anthropologists have given definitions of marriage. Some of the important
definitions are given below. Edward Westermarck. “Marriage is a relation of one or more men to one
or more women which is recognised by custom or law and involves certain rights and duties both in
the case of the parties entering the union and in the case of the children born of it. As B. Malinowski
defines, “Marriage is a contract for the production and maintenance of children”.

And this is what the majority of the people believe. Subconsciously, this idea is fixed in the minds of
the people and knowingly or unknowingly. Because of this fact only couples in a marital relationship
work hard to make their relationship last for a long time and sometimes until death does them apart.
Therefore, marriages are a more stable form of a relationship. These are the reason which are
embedded in mind of Indian society which result in seeing marriage as a sign of sophistication and
civilisation of the society. They see the marriage as a part of their tradition and culture as this social
institution is very old and it affects the life of every person of society as it is basis of every
individual’s emotional and financial support i.e., family.

SOCIETAL REVIEW ON LIVE-IN VS MARRIAGE

In order get more societal insights into the thought process of people and reasons for their approval
or disapproval of live-in relations, the author has conducted a google form survey 10 with 7 questions,
which are a mix of both subjective and objective questions. The survey was conducted in different

10
https://forms.gle/ZdGmjA3HJm6hgGJx9
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age groups and people from different background and people at different pedestal of life. In total 39
responses were received. 50.1% of respondents are in the age group of 16-20, 25.6% are in age group
of 20-30, 10.3% are in the age group of 30+, 14% are 60+. The author will analyse the survey with
analysis of each and every question keeping the age of the respondents in mind.

# QUESTION 1

Most of the people find marriage a sacred

institution and in which a legal and social contract
is there between the couple. The people of teenage
and twenties find it a pious bond between two
individual who decide to be shadow of each other during difficult times and cherish moments
together. The people above 30 find marriage a sacred and unending bond of togetherness. In toto
people in India see marriage as a sacred institution, which is part and parcel of every adult’s life.

# QUESTION 2

Many people believe it is nothing but a couple

living together to satisfy their sexual desires
only is similar to marriage but it does not have
any emotional or lachrymose connect. They
find it inappropriate in context of societal set up. But the sigh of relief is the youth or teenagers don’t
think that way and find live-in relations a medium or borrowed time to know each other more closely
and compatibility with your partner. The apparent reason for that can be the awareness among
teenagers and youngsters regarding legal and social right of privacy available to everyone. So, the
older age people or people above 60 have a conservative or parochial thinking towards this while the
youth have an open mind to it. They might have their own reasons to justify and defend their
thinking.

# QUESTION 3

76.9% people think that time to know each

other before marriage depends on whether
it is a love marriage or is it an arranged
one. Only 7.7% people agree that ample
time is provided to know your soon to be partner. And 15.4% people agree that enough time is not
provided to couples to know each other before they get married. The minority opinion here is of
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people who are in 30+ & 60+ age group. The teenagers and people in their twenties opine that
adequate time is not there to know each other before the marriage.

# QUESTION 4

97.4% people believe that getting rid

from a messy relation is easier in live in
relationships than it is in marriage. The
reason for this similar opinion is very
clear, as there is no legal contract is there between the couple living in without marriage. Only one
person who was above 60 thinks that it is easier to get rid of spoiled marriage.

# QUESTION 5

Most of the people who are above 60, think that

live-in relations are not socially good and are
not in harmony with the social traditions and
customs. But the youth and some people in
their mid-twenties support the very idea of live-in relationship and look forward to bring a change in
societal traditions, by approving the very idea of live-in relationships. People in the age group of 20-
30 have a mixed opinion as some of them support it and some disapprove it.

# QUESTION 6

84.6% people believe that there is a

societal pressure which forces you to opt
for marriage. And others feel the
contrary. Here the majority is with
teenagers and people in their mid-twenties.

# QUESTION 7

61.5% people think that live-in relations are

all fine and are in harmony with social
structure of the society. 17.9% people are
unsure whether do or don’t spoil the social
fabric of the society. 20.5% people think that
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the live-in relationships aren’t in harmony with societal mentality and are trying to destabilize the
societal fabric. Here the majority of ‘no’ answer come from people in age group of 16-30, while
most of the people in 30+ age group find their answer as ‘yes’.

At last, the researcher asked for respondents’ additional comments in which most of the people
looked forward to a positive change in the society, as the majority of respondents were young aged.
They want society to interfere less in individual’s life and encourage and accept the changing things
smoothly.

It is being truly said that the only thing which is constant in this world is change. We accept it or not
people are slowly and gradually opening their minds towards the idea of pre-marital sex and live-in
relationships. However, this change has been continuously under criticism and highly discussed as
such concepts lack legality and acceptance by the society. In India, only those relations between a
man and a woman are considered to be legitimate where marriage has taken place between the two
based on existing marriage laws otherwise all other sort of relationships is deemed to be illegitimate.
For long the concept and topic of live-in relationships has been taboo in India but the times are
changing with a number of people coming out in its support. Even today the Indian society looks
down upon live-in relationships. Only an extremely progressive family can allow their children to
live in with their partners without marriage. And some sections of the society, even ostracize such
members. Since it is such a taboo, few people openly express their desire about live-in relationships
and if given a chance, would they consider it.11

The reason behind people choosing to have a live-in relationship is to check the compatibility
between couples before getting legally married. It also exempts partners from the chaos of family
drama and lengthy court procedures in case the couple decides to break-up. Whatever the reason, it is
very evident that in a conventional society like ours, where the institution of marriage is considered
to be “sacred” an increasing number of couples choose to have a live-in relationship, even as a
perpetual plan, over marriage. In such circumstances, many legal and social issues have arisen which
have become the topic of debate. With time many incidents have been reported and seen where
partners in live-in relationships or a child born out of such relationship have remained vulnerable for
the very simple reason that such relationships have been kept outside the realm of law. 12

The author’s personal views upon this are like any other law student’s views will be, she supports it
completely and looks forward to fight for personal choice and liberty of individuals, rather than

11
http://www.legalservicesindia.com/article/1013/Emerging-Concept-of-Live-in-Relationships.html
12
https://www.scconline.com/blog/post/2019/01/23/live-in-relationship-and-indian-judiciary/
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supporting the dogma which has no backing or something that doesn’t have reasons. Lastly, I
concluded that as society as change law is always changed. Further, I think that most of couples go
for live-in relations because they hate to be divorced, so why they will do the same after marriage?
So, we all still the opposing communities are on the rock and it is uncertain that the live-in concept is
acceptable or not? But it is rooting up day by day and it needs ethical and legal concerns.

CONCLUSION AND SUGGESTIONS

Live-in relationships are now very popular in India. The law does not prescribe how we should live;
it is ethics and social norms which explain the essence of living in welfare model. The Court itself
notices that what law sees as no crime may still be immoral. It has said in a judgement of 2006,
notices by the Court now, that two consenting adults engaging in sex is not an offence in law “even
though it may be perceived as immoral.” 13 Of course, such protective sanctions may potentially lead
to complications that could otherwise be avoided. But simply raising the hammer may not be the best
route to taming the bold and the brave. Awareness has to be created in these young minds not just
from the point of the emotional and societal pressures that such a relationship may create, but also
the fact that it could give rise to various legal hassles on issues like division of property, violence,
cases of desertion by death of a partner and handling of custody and other issues like children
resulting from such relationships.

While the Supreme Court’s opinion might not have the undesirable effect on more and more couples
preferring live-in relationships rather that opting to wed, it could certainly embolden more young
men and women as they would now be convinced that there is no breach of law in the live-in
relationship. One can only weigh the pros and cons and take into account the impact of their decision
on their family and most importantly on themselves.

BIBLIOGRAPHY
 Newspaper:
 Indian Express
 The Hindu
 Hindustan Times
 Times of India
 Research Papers:
 Kalika Acharya & Sankalp Udgata (2019), Live-In-Relationships in India and Their Impact
- A Sociological Study
13
Lata Singh v. State of U.P. and Anr. AIR 2006 SC 2522
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 Abhishek Kumar Singh (2011), Live-In Relationships: Impact on Marriage Institution

 Pradeep Kumar (2011), Live in Relationship Neither a Crime nor a Sin A Study with
Reference to Right to Marriage
 Blogs:
 https://www.scconline.com/blog/post/2019/01/23/live-in-relationship-and-indian-judiciary/
 https://www.floweraura.com/blog/what-it-is-to-be-like-a-live-in-relationship-in-india
 https://blog.ipleaders.in/live-in-relationships/
 https://www.mapsofindia.com/my-india/society/live-in-relationships-mushrooming-in-
india-despite-odds