LIVE-IN RELATIONSHIPS

 Jenkins has observed, “Sex without a lifelong commitment violates the inner reality of the act;
it is wrong because unmarried people thereby engage in life-uniting acts without a life-uniting
intent” (ABOUT NON-MARITAL LIVE-IN RELATIONSHIPS)
 The Supreme Court, in Vidhyadhari v. Sukhrana Bai65, entitled the female live-in partner of a
deceased Hindu male to his estate despite the fact that he also had a legally wedded living
wife. Thus, the Court has kindled the hope of inheritance rights being given to live-in partners
staying together for reasonably long period as husband and wife.

FUNDAMENTAL RIGHTS

 When human rights are incorporated into the municipal law and guaranteed by a written
constitution, they are called fundamental rights and are justiciable and enforceable.

 The protection and enforcement of fundamental rights and freedoms is both the power
and duty of the courts and the grant of appropriate remedy is not discretionary but
obligatory. Even in England with no Bill of Rights it was said over a century ago:
“To remit the maintenance of constitutional right to the region of judicial discretion is
to shift the foundations of freedom from the rock to the sand.” (Scott v. Scott)
 “The realization that Article 226 is concerned with remedies, and not rights, is the beginning
of wisdom in constitutional law.” (Justice Mathew) He further states that hence if a person
has a right, he would be entitled to enforce that right by a suit on the basis ubi jus ibi
remedium even if the remedy by way of a writ is not available.