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The Rajasthan High Court on Wednesday directed that live-in relationships must be formally registered with a government-designated authority or tribunal until comprehensive legislation is enacted by the Union and state governments.
The Rajasthan High Court on Wednesday directed that live-in relationships must be formally registered with a government-designated authority or tribunal until comprehensive legislation is enacted by the Union and state governments. A single-judge bench of Justice Anoop Kumar Dhand, seeks to establish a legal framework that ensures accountability and protection for individuals in such relationships.
The court instructed both the Rajasthan government and the Union Ministry of Social Justice and Empowerment to formulate a structured legal format for registering live-in partnerships. It has set a compliance deadline of March 1.
The order came while the court was hearing a plea from a married woman from Haryana’s Fatehabad district, who sought protection while cohabiting with a man from Rajasthan’s Sikar district.
In a move that could have far-reaching legal consequences, Justice Dhand also urged the Chief Justice to constitute a larger bench to deliberate on whether protection should be granted to married individuals cohabiting with unmarried partners or those living together while still legally married to others.
Stressing the urgent necessity for a legal framework governing live-in relationships, Justice Dhand remarked that legislative intervention was long overdue. "Till the enactment of the appropriate legislation by the govt, let a competent authority be established in each district of the state to look into the matter of registering such live-in-relationships, which will address and redress the grievances of such partners or couples who have entered into such a relationship and the children being born therefrom. Let a website portal be launched in this regard for redressal of the issue arising out of such a relationship," the court stated.
The HC further emphasized the need for defining legal responsibilities, directing that partners in live-in relationships must be held accountable for the welfare of children born out of such unions.
Additionally, it asserted that the male partner should be made liable for the financial maintenance of a non-earning female partner, reinforcing the need for structured legal protections.
Acknowledging the societal disapproval of live-in relationships, the court underscored that such arrangements are not illegal under Indian law. However, Justice Dhand highlighted the increasing number of couples seeking judicial protection from familial threats. "Several couples in live-in relationships are facing threats from families. They approach constitutional courts seeking protection. Courts are inundated with such petitions. Every day dozens of petitions are submitted," he observed.
Given the conflicting rulings from different benches on such matters, Justice Dhand called for the matter to be referred to a special bench for a definitive judgment. "This seeks to ensure uniformity in handling such cases, considering the numerous protection requests from couples in various live-in arrangements," he said.
