Fact Check
Rajasthan High Court Directs Mandatory Registration of Live-In Relationships, Calls for Legislation
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Emphasizing the urgent need for a law governing live-in relationships, the Jaipur bench of the Rajasthan High Court on Wednesday directed that until such legislation is enacted, all live-in relationships must be registered with a government-established authority or tribunal.
In his order, Justice Anoop Kumar Dhand stated that a Competent Authority or Tribunal should be set up in each district to register live-in relationships. This body would also be responsible for addressing and resolving grievances of partners and ensuring the welfare of children born out of such relationships. The court further directed the government to launch a dedicated website or web portal for registering such relationships and resolving related issues.
Framework for Live-In Relationship Registration
The court mandated the formulation of a statutory scheme until the Centre and State Government pass legislation. A format with predefined terms must be created for couples entering into live-in relationships, outlining key responsibilities:
- Child Welfare Responsibilities: Both partners must commit to a child plan covering education, healthcare, and upbringing of children born out of the relationship.
- Maintenance Obligations: The male partner will bear financial responsibility for a non-earning female partner and their children.
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Protection of Women and Children
The court noted that the absence of legal clarity has led to confusion due to varying judicial approaches. It urged the Parliament and State Legislature to enact a law that defines the rights and obligations of live-in couples, ensuring protection for women and children, particularly in cases where relationships end. The court directed that a copy of the order be sent to the Chief Secretary of Rajasthan, the Principal Secretary (Department of Law and Justice), and the Secretary (Department of Justice and Social Welfare, New Delhi) for compliance. These authorities must submit a compliance report by March 1, 2025, detailing steps taken to implement the order.
Legal Questions Referred to Larger Bench
Additionally, the court referred a key legal question to a larger bench—whether married individuals who enter live-in relationships without dissolving their existing marriage are entitled to legal protection. This follows conflicting rulings by single benches in similar cases.
The ruling marks a significant step toward regulating live-in relationships in India, ensuring legal safeguards for partners and children involved.