Rajasthan High Court makes contract mandatory for live-in relationships

In a verdict of significant import, the Rajasthan High Court on Wednesday ordered government authorities to make it mandatory for persons in live-in relationships to enter into and register a live-in relationship agreement..Justice Anoop Kumar Dhand ordered that such a system be put in place where couples would have to enter details of their plan for caring for any children that may be born out of their relationships. The contract must also contain details of how the male partner plans on paying maintenance of 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. 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, before entering into such live-in-relationship: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. Fixing liability of the male partner for maintenance of the non-earning female partner residing in such relation and children born out of such relationship."The Court added that the live-in relationship agreement must be registered by the Competent authority/tribunal, to be established by the government."Till 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 Webportal be launched in this regard for redressal of the issue arising out of such relationships," the Court ordered. The Court also directed the State Chief Secretary, the Principal Secretary, Department of Law and Justice, and the Secretary, Department of Justice and Social Welfare, New Delhi to look into the matter and send a compliance report to the Court by March 1..The Court also made it clear in its order that in its opinion, while live-in-relationships have been recognised by the Supreme Court, the concept is still not acceptable in the eyes of many.."Though the concept of live-in-relationship is considered immoral by the society and the same is not accepted by public at large, it is not treated as illegal in the eyes of law"Rajasthan High Court.The Court made particular mention of the status of the female partner and children born to such relationships. "Minor children born out of such relations are expected to be maintained by their parents and specially by the father, because women from such relations may often be found to be sufferers as well. Though, directions in this regard can be issued by the Courts having jurisdiction, however a moral obligation is required to be fastened upon the male partner of such 'live-in-relationship', who is required to discharge his moral duty to maintain the children born out of such relationship", the Court observed. It also made note of the fact that constitutional courts are inundated with petitions moved by couples in live-in-relationships seeking police protection in the face of threats from their families and society at large. .Minor children born out of such relations are expected to be maintained by their parents and specially by the father, because women from such relations may often be found to be sufferers as well..All of these issues can be addressed if a separate legislation is enacted which provides legality to this concept or protection to the female partners and the children born out of such relationships, the Court said.It, therefore, called on the Central and State legislatures to consider enacting a law which lays down a framework for live-in relationships as was done in the recently notified Uniform Civil Code of Uttarakhand. "Thus, the Parliament and the State Legislature have to ponder and bring a proper legislation or make proper amendments in the law over this issue, so that the couples residing in such relationship may not face any harm and threat at the hands of their family, relatives and members of the society at large. ....In absence of any legislative frame-work in relation to the relevant subject matter, many people get confused due to the different approaches of the Courts", the Court said in its order..The order was passed on a batch of petitions filed by persons in live-in-relationships seeking protection. In some of the relationships, one or both of the partners were married to other persons. As such the Court needed to consider the following question:“Whether a married person living with an unmarried person, without dissolution of his/her marriage and/or whether two married persons with two different marriages living in live-in-relationship, without dissolution of their marriages, are entitled to get protection order from the Court?”.The Court noted that different courts have taken differing views on the matter. Moreover, even different division benches of the Rajasthan High Court itself have answered this question differently.Therefore, it deemed it appropriate to refer the question to a larger bench. .[Read Order]