Can Married Persons In Live-In Relationship With Others Seek Protection Orders? Rajasthan High Court Refers To Larger Bench

The Jaipur bench of the Rajasthan High Court on Wednesday referred to a large bench to decide whether married persons who choose to be in live-in relationships with other individuals without first dissolving their marriage are entitled to seek protection orders from the court. Justice Anoop Kumar Dhand passed the order after taking note of various judgments of the high court where conflicting views had been taken by single benches, observing that in such a situation the question has to be referred to a Special/Larger Bench so that the controversy is put to rest in accordance with law.The question referred to special/larger bench is : "Whether a married person living with an unmarried person, without dissolution of his/her marriage or/and whether two married persons with two different marriages living in live-in-relationship, without dissolution of their marriages, are entitled to get protection order from the Court ?"The court further observed that while India is a country which is slowly opening its door for "Western ideas and lifestyles" such as the concept of a 'Live-in-relationship', there is no separate legislation which lays down the provision of live-in-relationship and provides legality to this concept."The live-in-relationship is an agreement in which two persons live together in a short or long term relationship. The Hindu Marriage Act, 1955 (for short, 'the Act of 1955') does not recognize the concept of live-in-relationship. Even in Muslim Law, no recognition has been given to such relationship as such type of relationship, without or outside the marriage, is treated as 'Zina' and 'Haram'. Such relationship is not permissible in Islam. The idea of live-in-relationship may seem to be unique and appealing but in reality the problems likely to arise are many, as well as challenging. The status of a woman in such relationship is not that of a wife and lacks social approval or sanctity...The right to live with a partner of one's choice is a necessary component of the right to life and personal liberty, guaranteed under Article 21 of the Constitution of India. The Hon'ble Apex Court on several occasions has held that live-in-relationships are not illegal," the court added. It thereafter referred to various Supreme Court decisions including S. Khushboo vs. Kanniammal and Anr. (2010), D. Velusamy vs. D. Patchaiammal (2010), Indra Sarma vs. V.K.V. Sarma (2013) and said that a person's wish to reside with a partner of his or her choice and establish a relationship is governed by Articles 19 and 21 of the Constitution of India. The court further noted that minor children born out of such relations are expected to be maintained by their parents and especially by the father, because women from such relations may often be found to be sufferers as well. "Several couples are residing in 'live-in-relationship' and are facing threat and danger from their families and the society for not accepting their relationship. Hence, they are approaching the Constitutional Courts by way of filing writ petitions under Article 226 of the Constitution of India, seeking protection of their life and liberty under Article 21 of the Constitution of India. As a result, Courts are inundated with such petitions. Every day dozens of petitions are being submitted under the similar prayer of protection of life and liberty from the danger and threats faced by such couples," the court noted while hearing a batch of petitions on the subject. The court said that it appears that the Police agencies are overburdened with the investigation and the responsibility of maintaining law and order, hence, they hardly get any time to redress the grievance of the aggrieved. This however cannot be a ground for denial, on their part, to look into the matter and decide the representation of such persons by passing appropriate orders, the court said.Reiterating that there is no separate legislation which lays down the provisions for a live-in-relationship or which provides legality to this concept or protection to the female partners and the children born out of such relationships, the court said:"Hence, appropriate legislation is required to be enacted and implemented by the Central as well as the State Government. Recently, Uttrakhand State has enacted the Uniform Civil Code of Uttrakhand, 2024 which lays down certain procedure for such live-in-relationships. Part III and Clauses 378 to 388 of the said Code deals with the entire process and procedure with regard to such relationships and it also deals with the liabilities of the couples residing in such relationships. Thus, the Parliament and the State Legislature have to ponder and bring a proper legislation or make proper amendments in the law over this issue, so that the couples residing in such relationship may not face any harm and threat at the hands of their family, relatives and members of the society at large."The court also highlighted the hardships faced...

Can Married Persons In Live-In Relationship With Others Seek Protection Orders? Rajasthan High Court Refers To Larger Bench

Malavika Prasad

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