ADR IN LIVE-IN RELATIONSHIP DISPUTES: NEED FOR LEGAL RECOGNITION

AUTHOR – ASHALESHA POKHARNIKAR, LLM STUDENT AT NAVLMAL FIRODIA LAW COLLEGE

BEST CITATION – ASHALESHA POKHARNIKAR, ADR IN LIVE-IN RELATIONSHIP DISPUTES: NEED FOR LEGAL RECOGNITION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 01-10, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The emergence of live-in relationships in India represents a significant shift in social and legal dynamics. Traditionally, family law has been anchored in the institution of marriage, leaving non-marital cohabitation outside its formal framework. However, with changing societal attitudes, courts have cautiously extended limited recognition to live-in partnerships, especially in matters concerning domestic violence, maintenance, and child custody. Despite these developments, the absence of comprehensive legislation has created ambiguity and inconsistency in adjudication.

Disputes arising from live-in relationships often involve highly personal matters such as financial support, property sharing, domestic abuse, or child welfare. Resorting to litigation not only prolongs emotional distress but also exposes partners to public scrutiny, reinforcing stigma. Moreover, adversarial court processes may not always serve the interests of reconciliation, confidentiality, and long-term well-being of the parties involved. This makes conventional litigation an inadequate tool for handling such delicate issues.

Alternative Dispute Resolution (ADR) mechanisms particularly mediation and conciliation offer a constructive pathway for resolving conflicts in live-in relationships. ADR ensures confidentiality, reduces social stigma, and provides quicker, cost-effective, and less adversarial solutions tailored to the needs of the parties. This article argues for the urgent need to accord legal recognition to ADR in live-in relationship disputes, thereby harmonizing personal liberty with social justice and aligning family law with contemporary realities.

Keywords:

 Live-in Relationships, Alternative Dispute Resolution (ADR), Mediation, Conciliation, Family Law, Domestic Violence Act, Right to Life and Personal Liberty, Legal Recognition, Social Justice, Confidential Dispute Resolution