New Delhi: In a significant ruling Wednesday, the Jaipur bench of the Rajasthan High Court emphasised the pressing need for a legal framework to govern live-in relationships, urging both the central and state governments to enact comprehensive legislation.
The HC noted that a country like India is slowly opening its door to western ideas. In the case of Reena vs Raj, it highlighted the growing acceptance of live-in relationships in India, despite them being unrecognised under the Hindu Marriage Act and not permissible in Islam. The court noted that while live-in relationships are not explicitly addressed in Indian law, SC has ruled in several cases—such as Khushboo vs Kannaiammal, Lata Singh vs State of UP, and Indira Sarma vs V.K. Sarma—that such relationships are not criminal and fall under the right to life and personal liberty guaranteed by Article 21.
The court directed that until such laws are introduced, live-in relationships must be registered with a government-established authority or tribunal.
Justice Anoop Kumar Dhand, in his order, called for the creation of a dedicated authority or tribunal in each district of Rajasthan to handle the registration process. These bodies would also be responsible for addressing any grievances raised by couples in live-in relationships, particularly those related to the welfare of children born from these unions.
The court proposed the establishment of a website or web portal to facilitate grievance redressal and ensure legal support for individuals involved in live-in relationships.
Also read: Uttarakhand UCC regulating live-in relationships has a positive side too
New legal format for live-in couples
The court’s order also included the preparation of a formal registration format that all couples entering into live-in relationships must complete. The document would require couples to agree to specific terms before entering such relationships.
Key provisions in the format would include the following:
Child support: Both partners would be obligated to agree on a “child plan” outlining their respective responsibilities for the education, healthcare, and general upbringing of any children born from the relationship.
Maintenance: The male partner would be held responsible for financially supporting the non-earning female partner and any children resulting from the relationship, ensuring their economic security.
Protecting the rights of women and children
The court’s ruling highlighted a significant gap in Indian family law, as the lack of a legislative framework on live-in relationships has led to confusion and inconsistent judicial rulings. Justice Dhand emphasised the urgent need for a law that would clearly define the rights and obligations of individuals in such relationships, particularly to protect the welfare of women and children.
The court expressed concern that without legal protections, women and children in live-in relationships remain vulnerable, especially when the relationship ends. It also noted that female partners often suffer economically and socially in such circumstances, while children born out of these relationships face uncertainty regarding their rights.
Government action and compliance
In response to the court’s order, copies were sent to key government officials, including the Chief Secretary of Rajasthan and the Principal Secretary of the Department of Law and Justice. The court instructed the authorities to initiate steps to address the issues raised in the ruling and submit a compliance report by 1 March, 2025.
The court further referred a crucial legal question to a larger bench, asking whether married individuals who engage in live-in relationships without first dissolving their marriages are entitled to protection orders. This referral follows conflicting decisions by single benches of the Rajasthan High Court, underscoring the need for a clear, consistent interpretation of the law.
Also read: Bengaluru is fast losing ‘safe for women’ tag—live-in murders, anxious parents, growing fear