In a ruling that could reshape the legal landscape of live-in relationships in India, the Rajasthan High Court has directed the establishment of a Competent Authority/Tribunal to oversee the registration of live-in relationships in the state. The court emphasised that until the Centre and State Government frame appropriate legislation, such agreements must be registered to provide legal safeguards for partners and children born from these relationships.
The judgment was delivered by the Jaipur Bench of the High Court, with a Single Bench of Justice Anoop Kumar Dhand noting the absence of a dedicated legal framework governing live-in relationships. The court observed that many couples face social ostracisation, threats, and legal uncertainty, compelling them to seek protection under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
Justice Dhand remarked, “The Parliament and State Legislature must deliberate on this issue and enact suitable legislation to ensure that couples in such relationships do not face harm or threats from their families and society. Female partners often suffer severe consequences when such relationships end.”
Key Directives from the Court
Until a formal law is enacted, the High Court has mandated the following measures:
Creation of a Competent Authority in Each District: The state government must establish an authority in each district to register live-in relationships and address grievances of partners and children born from such unions.
Statutory Framework for Live-in Agreements: A legal format must be created for couples desiring to enter into live-in relationships, with the following provisions:
- Both partners are responsible for the education, health, and upbringing of children born out of the relationship.
- Financial obligations of the male partner towards the non-earning female partner and children.
Launch of an Online Redressal Platform: The government must create a dedicated website or portal to handle disputes and grievances arising from live-in relationships.
Mandatory Compliance Reporting: The court has directed that a compliance report be submitted by March 1, 2025, detailing the steps taken to implement these directives. Copies of the order have been sent to the Chief Secretary of Rajasthan, the Principal Secretary of the Department of Law and Justice, and the Secretary of the Department of Justice and Social Welfare in New Delhi.
Legal Context and Observations
The court acknowledged that while live-in relationships are often considered immoral by society, they are not illegal. The Supreme Court has upheld the right to live with a partner of one’s choice as part of personal liberty under Article 21. However, due to the absence of a specific law governing live-in relationships, the judiciary is inundated with petitions from couples seeking protection against societal and familial threats.
The Bench further noted that police agencies, already burdened with their duties, struggle to address these cases effectively. It asserted that this cannot be a reason to deny protection to individuals facing threats due to their choice of partners.
Referral to Larger Bench on Married Individuals in Live-in Relationships
An important aspect of the ruling was the court’s decision to refer a contentious legal question to a Special/Larger Bench: “Whether a married person living with an unmarried person, without dissolution of his/her marriage, or whether two married persons with different spouses living in a live-in relationship, without dissolving their marriages, are entitled to protection orders from the court?”
The Bench highlighted the conflicting rulings by coordinate Benches on this issue and has directed the matter to be placed before the Chief Justice for the constitution of a Special Bench.
Legal Representation
The petitioners were represented by Advocates Mahesh Jatwa, Parmeshwar Pilania, Ajit Singh, Anoop Kumar, Mukesh Kumar Goyal, Satish Kumar Balwada, Ankit Khandelwal, Sonal Gupta, and Vichitar Choudhary. The respondents were represented by GA Cum AAG Rajesh Choudhary, along with Advocates Aman Kumar, Jitendra Singh (Addl. G.A.), Vivek Choudhary (Dy. G.A.), Manvendra Singh (Dy. G.A.), Neha Goyal, and Vinod Sharma.
Legal experts suggest that the ruling paves the way for greater legal recognition of live-in relationships, ensuring protection for women and children while addressing societal concerns.
With the matter of married individuals in live-in relationships now referred to a Special Bench, the upcoming ruling is expected to bring further clarity on the legal standing of such arrangements in India.
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