Need for Legal Recognition of Live-in Relationships:  Rajasthan High Court Calls for Mandatory Registration

Legislative Vacuum Must Be Filled – Registration of Live-in Relationships is Necessary for Legal Clarity  – Rajasthan High Court emphasized the urgent need for a statutory framework to regulate live-in relationships. The court, while addressing multiple petitions seeking protection for couples in live-in relationships, noted the absence of a clear legal framework, which has led to judicial inconsistencies and social hardships, particularly for women and children born out of such relationships. Justice Anoop Kumar Dhand observed that mandatory registration of live-in relationships was essential to bring clarity to the legal rights and obligations of individuals in such relationships.

Highlighting the increasing number of protection petitions filed by couples fearing threats from their families and society, the court pointed out that the lack of legal recognition and accountability in live-in relationships has often led to abandonment and social insecurity for female partners and children. Justice Dhand noted that in the absence of a specific legal framework, women and children are often left without support when such relationships break down, causing significant social and legal difficulties.

The court observed that while the right to choose a partner and live together is protected under Article 21 of the Constitution, the lack of statutory recognition has led to fragmented judicial responses. Some courts have extended protection to live-in couples, while others have refused it, particularly in cases where one or both partners are already married. The judgment underlined the necessity of creating a structured legal mechanism to define the rights and obligations of live-in partners, ensuring that such relationships do not lead to social or legal injustices.

"Live-in Relationships Require Registration to Prevent Legal and Social Uncertainty"

The court acknowledged that while the Supreme Court has upheld the legality of live-in relationships, the lack of a statutory framework has resulted in confusion in the lower courts. Referring to landmark cases such as S. Khushboo v. Kanniammal (2010) and Indra Sarma v. V.K.V. Sarma (2013), the Rajasthan High Court reiterated that live-in relationships are not illegal, but emphasized that the absence of regulations leaves many individuals vulnerable.

Justice Dhand stressed that the absence of a formal registration system leads to serious consequences, particularly for women who may find themselves abandoned without any legal recourse for maintenance or support. Similarly, children born out of such relationships remain in a legal gray area, facing difficulties in inheritance and social recognition. The court highlighted that a registration mechanism would fix responsibilities, prevent misuse, and provide clarity regarding legal rights.

The judgment directed the State Government to establish a Competent Authority for the registration of live-in relationships at the district level. The court suggested that until Parliament enacts a formal law, a statutory scheme must be put in place that mandates couples entering into a live-in relationship to register their relationship with the local authority. This would ensure that both partners accept legal responsibilities, particularly concerning financial obligations and maintenance rights.

The court further directed that a web portal be launched for online registration of live-in relationships, which would allow couples to register their relationships and seek redressal for grievances through a legal mechanism. Justice Dhand observed that if live-in relationships are formally recognized through a registration process, it would help reduce social stigma and prevent exploitation.

Court Cites Uttarakhand’s Uniform Civil Code as a Model for Legal Reform

Referring to recent legal reforms, the Rajasthan High Court pointed to the Uniform Civil Code of Uttarakhand, 2024, which includes provisions for the regulation of live-in relationships. Justice Dhand noted that Clauses 378 to 388 of the Uttarakhand Uniform Civil Code lay down specific procedures for the recognition and regulation of live-in relationships, including mandatory registration, financial obligations, and legal rights of partners.

The court observed that similar provisions should be introduced at the national level to ensure a uniform approach across India. It urged both Parliament and State Legislatures to consider enacting a legal framework to govern live-in relationships, ensuring that individuals are not left without protection due to the lack of statutory provisions. Justice Dhand emphasized that in the absence of a comprehensive legal framework, courts are left to interpret such cases on a case-by-case basis, leading to inconsistencies and legal uncertainties.

The judgment stressed that India must move towards a structured legal approach to live-in relationships, similar to countries where cohabitation agreements and registration laws protect the rights of individuals in non-marital partnerships. Until such legislation is passed, competent authorities should be designated at the district level to handle registration and related disputes.

Rajasthan High Court Directs State to Take Immediate Steps for Registration of Live-in Relationships

Recognizing the urgent need for a legal framework, the Rajasthan High Court directed the Chief Secretary of Rajasthan, the Principal Secretary (Law & Justice), and the Secretary (Social Welfare, Government of India) to take immediate steps to formulate a statutory scheme for the registration of live-in relationships. The court instructed the State Government to establish a Competent Authority at the district level to ensure the registration process is conducted in a transparent and accountable manner.

Justice Dhand further ordered that the government must submit a compliance report to the High Court by March 1, 2025, detailing the steps taken to implement the court’s directives. The judgment made it clear that live-in relationships require legal recognition to ensure fairness and prevent social injustice, particularly for women and children who face legal and financial hardships due to unregistered and unrecognized relationships.

The court observed that increasing instances of live-in relationships necessitate a proactive legal approach, rather than leaving the issue to be resolved through fragmented and inconsistent judicial interpretations. Formal registration would provide legal certainty, prevent exploitation of partners, and help define the rights and obligations of individuals in such relationships.

The Rajasthan High Court’s ruling is a significant step toward recognizing and regulating live-in relationships in India. By recommending mandatory registration, the court has sought to fill the legislative void that has left many individuals unprotected and vulnerable. The judgment underscores the urgent need for legal clarity and statutory intervention, ensuring that live-in relationships are not only recognized but also regulated to prevent injustice.

With the matter now before a Special Bench, the upcoming ruling is expected to set a crucial precedent for the legal recognition of live-in relationships. The judgment has also opened the door for potential legislative action at the state and national levels. If implemented, the recommendations made by the Rajasthan High Court could pave the way for comprehensive legal reforms, ensuring protection, stability, and legal security for individuals in live-in relationships.

Date of Decision: January 29, 2025