The Rajasthan High Court has made significant directives regarding live-in relationships, emphasizing the need for legal clarity and protection for couples choosing to cohabitate without marriage. In a recent ruling, the court ordered government authorities to establish a system for mandatory registration of live-in relationship agreements. This move aims to address the increasing number of couples facing societal and familial opposition, who often seek legal recourse for protection.
Justice Anoop Kumar Dhand, presiding over the case, highlighted the challenges and complexities associated with live-in arrangements, especially concerning the legal and social standing of women. The court noted that women in these relationships often find themselves in vulnerable positions due to the lack of social sanctity and approval. To mitigate these issues, the court mandated the registration of all live-in relationships with a competent authority or tribunal.
The High Court has instructed the establishment of competent authorities in each district to oversee the registration process and handle grievances related to live-in relationships, including those involving children. These authorities will also be responsible for addressing and redressing the grievances of partners in such relationships and the children born from them. Furthermore, the court directed the creation of a web portal to facilitate the registration process and address related issues.
In its directives, the court has sought to fix the responsibility of both partners concerning the welfare of children born out of such relationships. This includes ensuring provisions for their education, health, and upbringing. Additionally, the court emphasized the need to determine the male partner's liability for the maintenance of a non-earning female partner and their children.
The court has acknowledged that while live-in relationships are often met with societal disapproval, they are not legally prohibited. It also recognized that many couples in such relationships seek judicial protection against threats from their families. The ruling stems from multiple petitions filed by live-in couples seeking legal protection under Article 226 of the Constitution.
The court has directed that the details of the order be communicated to the chief secretary, the principal secretary of the Department of Law and Justice, and the secretary of the Department of Justice and Social Welfare in New Delhi. These officials are tasked with ensuring compliance and reporting back to the court by March 1, 2025, on the progress made.
Moreover, Justice Dhand has referred to a larger bench the question of whether married individuals in live-in relationships, without legally dissolving their marriages, are eligible to seek protection orders from the court. This issue arises from the observation that many petitions are filed by couples where one or both partners are married to other individuals. The court seeks clarity on whether such relationships should be granted protection, especially when they involve adultery.
The Rajasthan High Court's order underscores the judiciary's effort to balance constitutional rights with social realities, aiming to provide a legal framework that protects the rights and responsibilities of individuals in live-in relationships. The move reflects a growing recognition of the need for laws and policies to address the complexities of modern relationships and ensure the safety and well-being of all parties involved.
