The Rajasthan High Court ruled that couples in live-in relationships must sign and register formal agreements to protect rights, particularly for women and children. The agreement should outline responsibilities regarding children, finances, and seek to provide legal clarity. The court called for a dedicated authority for registration and urged legislative action to enhance protections for these relationships.
Jaipur: The Rajasthan High Court on Wednesday (Jan 29th) ordered that individuals entering into live-in relationships must sign a formal agreement and register it with the government. This decision aims to safeguard the rights of partners, particularly women and children born from such relationships, and bring legal clarity to the concept of live-in partnerships.
Justice Anoop Kumar Dhand directed that a legal framework be put in place to ensure that couples entering into live-in relationships agree on key responsibilities before cohabiting. The contract must specify:
- Plans for the education, healthcare, and upbringing of children born from the relationship
- The financial responsibility of the male partner for maintaining a non-earning female partner and any children
The Court emphasized,
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“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.”
It further added that the live-in relationship agreement must be registered with a competent authority or tribunal, which the government must establish in each district.
To streamline the process, the Court has ordered the creation of a dedicated website or web portal where partners can register their agreements and seek redressal in case of disputes.
“Till enactment of the appropriate legislation by the Government, let a competent Authority be established in each district of the State to look into the matter of registration of such live-in relationships,”
the Court stated.
It also directed top state and central officials, including the State Chief Secretary, Principal Secretary (Law and Justice), and Secretary (Justice and Social Welfare, New Delhi), to submit a compliance report by March 1.
While the Supreme Court has recognized live-in relationships as legally valid, the Rajasthan High Court highlighted that societal acceptance remains low.
“Though the concept of live-in-relationship is considered immoral by the society and the same is not accepted by public at large, it is not treated as illegal in the eyes of law,”
the Court noted.
The judgment paid special attention to the status of female partners and children born from such relationships. The Court emphasized that men in live-in relationships have a moral obligation to provide for their children and partners, stating:
“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.”
The Court stressed the need for a separate legislation to govern live-in relationships, similar to the recently introduced Uniform Civil Code (UCC) in Uttarakhand.
“In the absence of any legislative framework, many people get confused due to the different approaches of the Courts,”
the ruling observed.
It called upon the Central and State Governments to enact a law that would provide legal protection to live-in partners and their children.
“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 relationships may not face any harm and threat at the hands of their family, relatives, and society at large.”
The judgment arose from a batch of petitions filed by live-in couples seeking police protection, including cases where one or both partners were already married to someone else.
This led the Court to examine a crucial legal question:
“Whether a married person living with an unmarried person, without dissolving their previous marriage, and/or whether two married individuals from different marriages living in a live-in relationship, are entitled to legal protection from the Court?”
The Court acknowledged that different benches have ruled differently on this issue and referred the question to a larger bench for a definitive ruling.
Case Title – Reena & Anr. v. State of Rajasthan
Read the Judgement here:
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