The Chhattisgarh High Court recently noted a shift in preferences towards live-in relationships over marriages, suggesting that individuals are drawn to this arrangement due to its perceived convenience in offering an exit strategy when relationships encounter difficulties.

In their remarks, Justices Goutam Bhaduri and Sanjay S Agrawal, presiding as a division bench, emphasized that the institution of marriage offers individuals a sense of security, social acceptance, personal growth, and stability that is not typically provided by live-in relationships.

The Court further underscored that in our country, the decision not to formalize a relationship through marriage is often viewed as a social stigma. This perspective stems from deeply ingrained social values, customs, traditions, and even legislative efforts that have aimed to uphold the stability of marriage as an institution.

Further, the Court mentioned that despite societal pressures to uphold marriage, it is undeniable that issues can arise within marital unions. Moreover, it noted that in cases of marital breakdown, women often bear a disproportionate burden of the consequences.

The bench underlined that upon close examination of society, it becomes evident that the institution of marriage no longer exerts the same level of control over individuals as it once did, largely due to the cultural influence of Western countries. This significant shift, coupled with a growing indifference towards matrimonial obligations, has likely contributed to the emergence of the concept of live-in relationships.

Therefore, the bench emphasized the importance of safeguarding women in live-in relationships, as they frequently find themselves as the complainants and victims of violence perpetrated by their partners in such arrangements.

According to the plea, the man, who is of Muslim faith, entered into a live-in relationship with a Hindu woman. The couple welcomed a child on August 31, 2021. However, over time, the relationship soured, leading the woman to leave the petitioner's residence with their child on August 10, 2023.

In response to this situation, the man initiated legal proceedings before the family court, seeking custody of his child. He argued that he was financially capable of caring for the child due to his stable income. However, despite his claims, the family court rejected his application and declined to award him custody of the child.

Following this decision, he then petitioned the High Court. After reviewing the case details, the Court acknowledged the societal stigma attached to live-in relationships in Indian culture.