The Rajasthan High Court on Wednesday directed the Centre and the State legislatures to formulate a procedure for the registration of live-in relationships. A single-judge bench of Justice Anoop Kumar Dhand issued direction in this regard to the state government and the Union Social Welfare and Justice secretary seeking compliance by March 1.
“Let the copy of this order be sent to the Chief Secretary, State of Rajasthan, Principal Secretary, Department of Law and Justice as well as to the Secretary, Department of Justice and Social Welfare, New Delhi to look into the matter for doing the needful exercise for compliance of the order/direction issued by this court. They are further directed to send a compliance report to this court on or before 01.01.2025 and apprise by this court about the steps being taken by them”, the court directed.
In the absence of legislation, the court directed the establishment of a competent authority for the registration of live-in relationships
Justice Dhand issued the direction during the hearing of a writ petition filed by a married woman in a live-in relationship from Fatehabad, Haryana seeking protection. The judge suggested the establishment of a competent authority for the registration of live-in relationships till legislation is introduced by the government in this regard.
“The live-in relationship agreement is liable to be registered by the competent authority/tribunal, which is required to be established by the Government. Till the enactment of the appropriate legislation by the Government, let competent authority be established in each district of the state to look into the matter of registration of such live-in relationships, who will address and redress the grievances of such partners/couples who have entered in such relationship and the children being born out therefrom. Let a website or web portal be launched in this regard for redressal of the issue arising out of such relationship,” Justice Dhand said.
The court noted that conflicting views have been expressed by various single benches in similar matters. Therefore, the judge referred to a larger bench of the High Court to decide whether married persons entering live-in relationships without dissolving their marriage are entitled to seek protection orders from the court.
Female partners suffer in such relationships: HC
Noting the growing number of live-in relationships in the country, the court emphasised the requirement of legislation to deal with such relationships. “The need of the hour is to take a step to bring out a law or enact new legislation which would look into the matter of live-in relationships and would grant rights and impose obligations on the part of the couple in such relationships. A separate legislation should be competent enough to grant assistance to the children and female partners who become sufferers in such relationship,” the court remarked.
The Uttarakhand UCC provides for the registration of live-in relationship
The Uniform Civil Code recently implemented in Uttarakhand lays down the framework for the registration of live-in relationships in the state. Twelve sections from sections 378 to 389 in Part -3 of the Uttarakhand UCC deal with matters relating to the registration of live-in relationships and the status of children born out of such relationships.
