In a landmark decision, the Rajasthan High Court has directed authorities to make it mandatory for individuals in live-in relationships to enter into a formal, registered agreement outlining their responsibilities, particularly in regard to children born from such relationships. Justice Anoop Kumar Dhand’s ruling aims to ensure the welfare of both the female partner and any children, addressing critical concerns related to maintenance and parental responsibility.
The Court emphasized the need for a legal framework until the government enacts specific legislation. It called for a system that requires couples to enter a contract detailing their obligations towards the care and upbringing of any children, including education, health, and financial responsibilities. The male partner, in particular, will be held accountable for providing maintenance to the female partner if she is non-earning.
“Until a legislation is framed by the Centre as well as the State Government, a scheme of statutory nature is required to be formulated in legal format,” the Court stated. “Let a format be prepared by the appropriate authority making it necessary for the couples/partners desiring to enter into such live-in-relationship to fill the format, with the following terms and conditions… Fixing liability of the male and female partners in the form of child plan to bear the education, health and upbringing responsibility of the children born out of such relationship.”
Additionally, the Court directed that a competent authority be set up in each district to oversee the registration of live-in relationships and address any grievances related to these unions. A website or web portal is also to be launched for this purpose.
The Court, acknowledging that live-in relationships have been recognized by the Supreme Court, highlighted the societal stigma often attached to such relationships, pointing out that they are still considered immoral by many. However, the Court affirmed that these relationships are not illegal in the eyes of the law.
“It is not treated as illegal in the eyes of law,” the Court reiterated, while urging the government to create a comprehensive law providing protection to female partners and children born from such relationships, similar to provisions in the Uniform Civil Code of Uttarakhand.
Addressing concerns over the status of children and the financial welfare of female partners, the Court noted that “minor children born out of such relations are expected to be maintained by their parents and specially by the father.” It acknowledged that women in such relationships may often face social and economic hardships, emphasizing the male partner’s moral duty to support them.
The ruling comes amid a growing number of petitions filed by couples in live-in relationships seeking protection, especially when facing threats from their families or society. The Court referred the issue of whether married individuals in live-in relationships should be entitled to protection orders to a larger bench, as differing opinions have emerged on this matter in various courts.
The Court’s directive to establish a statutory framework has sparked calls for both the Central and State governments to consider enacting laws that would offer legal clarity and security to couples in live-in relationships.
Case: Reena & Anr. vs State of Rajasthan – Available on LAWFYI.IO
