'Live-In Relationships Must Be Registered With Govt Authority Till Law Is Formulated To Govern Them': Rajasthan High Court

Emphasizing that the need of the hour was for the Centre and State government to enact a legislation governing live-in relationships, the Jaipur bench of the Rajasthan High Court on Wednesday directed, that till such a law is enacted, live-in-relationship must be registered by a government established authority or tribunal. Justice Anoop Kumar Dhand in his order said, "The live-in-relationship agreement is liable to be registered by the Competent authority/ Tribunal, which is required to be established by the Government. Till enactment of the appropriate legislation by the Government, let competent Authority be established in each district of the State to look into the matter of registration of such live-in-relationships, who will address and redress the grievances of such partners/couples who have entered in such relationship and the children being born out therefrom. Let a Website or Webportal be launched in this regard for redressal of the issue arising out of such relationship". The court further directed that until a legislation is framed by the Centre as well as the State Government, a scheme of statutory nature is required to be formulated in legal format.Prepare format setting out terms for live-in couplesCourt directed for preparation of a format by the appropriate authority which will make it necessary for the couples/partners desiring to enter into such live-in-relationship, to fill the format, with the following terms and conditions before they enter into such a relationship: (i) Fixing liability of the male and female partners in the form of child plan to bear the education, health and upbringing responsibility of the children born out of such relationship. (ii) Fixing liability of the male partner for maintenance of the non-earning female partner residing in such relation and children born out of such relationship. Rights of women and children need protectionThe court said that after observing that in the absence of any legislative frame-work in relation to the subject matter, many people might get confused due to the different approaches of the Courts. "The need of the hour is to take a step to bring out a law or enact a new legislation which would look into the matter of live-inrelationship and would grant rights and impose obligations on the part of the couples in such relationship. A separate legislation should be competent enough to grant assistance to the children and female partners who become sufferer in such relationship," the court emphasized. It further said that 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. It observed that sometimes the female partners in such relationships suffer whenever such relationships are broken. This the court said should not happen and the children born out of such kind of relationship are required to be protected, even if such relationship might not be a relationship in the nature of marriage. "Let a copy of this order, be sent to the Chief Secretary, State of Rajasthan, Principal Secretary, Department of Law and Justice as well as to the Secretary, Department of Justice and Social Welfare, New Delhi to look into the matter for doing the needful exercise for compliance of the order/ direction issued by this Court. They are further directed to send a compliance report to this Court on or before 01.03.2025 and apprise this Court about the steps being taken by them," the court directed. The court also referred to a larger bench of the high court 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.It said so 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.Case title: X and Y v/s State of Rajasthan and OthersCitation: 2024 LiveLaw (Raj) 42Click Here To Read/Download Order

'Live-In Relationships Must Be Registered With Govt Authority Till Law Is Formulated To Govern Them': Rajasthan High Court

Malavika Prasad

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