All live-in relationships to be registered: Rajasthan HC

JAIPUR: The Rajasthan High Court on Wednesday ordered that live-in relationships must be registered by a govt established authority or tribunal until such time that the Union and state govts legislate on the subject.


A single judge bench of Justice Anoop Kumar Dhand issued directions to the state govt and Union social welfare and justice secretary to draw up a legal format for registering live-in relationships, and sought compliance with the order by March 1. The court passed the order while hearing a writ petition for protection filed by a married woman from Fatehabad in Haryana who is in a live-in relationship with a man from Sikar district.

Separately, the single bench requested the chief justice to constitute a larger bench to address the question of granting protection to married individuals cohabiting with unmarried partners or married persons from different marriages living together without dissolving their respective marriages.

Emphasising that a law on live-in relationships is the need of the hour, Justice Dhand said legislation should be framed by the Centre and state govt. "Till the enactment of the appropriate legislation by the govt, let a competent authority be established in each district of the state to look into the matter of registering such live-in-relationships, which will address and redress the grievances of such partners or couples who have entered into such a relationship and the children being born therefrom. Let a website portal be launched in this regard for redressal of the issue arising out of such a relationship," the court said.

The HC sought fixing the liability of male and female partners in the form of a plan to bear the responsibility for education, health and upbringing of children born of such relationships. Additionally, the court said the liability of the male partner must be fixed for maintenance of his non-earning female partner in such a relationship and the children born of such a relationship.

Though such relationships are often disapproved of by the society, they are not legally prohibited, the court said, pointing to couples in live-in relationships seeking judicial protection against threats from their families. "Several couples in live-in relationships are facing threats from families. They approach constitutional courts seeking protection. Courts are inundated with such petitions. Every day dozens of petitions are submitted," the judge noted.

Given the differing opinions of coordinate benches, Justice Dhand said it was necessary to refer the matter to a special bench for a definitive ruling. "This seeks to ensure uniformity in handling such cases, considering the numerous protection requests from couples in various live-in arrangements," he said.