Rajasthan High Court Orders Regulation for Live-In Relationships

The Jaipur bench of the Rajasthan High Court has addressed the urgent need for legislation governing live-in relationships. In a landmark ruling, the court directed that until such laws are enacted by the Centre and State governments, a government-established authority or tribunal must register live-in relationships.

Call for Legislation and Statutory Scheme

The ruling underscores the necessity for a legislative framework to clarify the rights and responsibilities of live-in partners. Until then, the court mandated that a statutory scheme should be formulated by the appropriate authority in legal format.

Terms for Live-In Couples

The court emphasized the importance of establishing terms and conditions for live-in couples to ensure protection and fair liabilities. The authority must prepare a format that live-in couples must fill out before entering into such a relationship. The format must include:

• Fixing the financial responsibility of both partners for the education, health, and upbringing of children born out of the relationship.
• Specifying the male partner’s obligation to provide maintenance for the non-earning female partner and their children.

Protecting Women and Children

The court highlighted the vulnerability of women and children in live-in relationships, pointing out that many couples are often confused by the inconsistent court rulings. It stressed the need for legislation to provide legal protection and rights, ensuring that these individuals are not disadvantaged in the event of a relationship breakdown.

The court advised the Parliament and State Legislature to consider framing a law or making amendments to protect individuals in live-in relationships. Additionally, it proposed that both the Centre and State must take this issue seriously to safeguard the interests of all parties involved from societal and familial harm.

Specific Actions Ordered

The court directed relevant government officials, including the Chief Secretary of Rajasthan and the Principal Secretary of the Department of Law and Justice, to comply with its order. It requested a detailed compliance report by March 1, 2025, outlining the steps taken to address the ruling.

Referencing Larger Bench for Guidance

The court also raised the question of married individuals who engage in live-in relationships without dissolving their marriage. It referred this issue to a larger bench for a more comprehensive judgment, aiming to resolve conflicting views on its legality and implications.

Conclusion: Moving Towards Legal Clarity

This recent judgment underscores the gaps in current legal frameworks concerning live-in relationships. The move by the Rajasthan High Court reflects a growing recognition of the legal rights and responsibilities of cohabiting couples. While the government takes steps to draft new legislation, the court’s guidelines provide a critical framework for protection and accountability.

In the ever-evolving landscape of family law, the court’s mandate could ultimately pave the way for fairer legal practices and a more inclusive social policy in India.

Case title: X and Y v/s State of Rajasthan and Others

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