The Bench observed that a live-in-relationship agreement should be registered by a competent legal authority or tribunal, which shall be established by the government.
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In a recent development, a single-judge Bench of the Rajasthan High Court has directed the state government that a web-portal should be launched so as to register the live-in relationships till an appropriate legislation has been enacted.
What Happened ?
- While deciding a bunch of pleas filed by numerous live-in couples who were seeking protection, Justice Annop Kumar Dhand noticed said that though live-in relationships on one hand may seem appealing, the problems which may likely to arise are many.
- "Several couples are residing in live-in relationships and are facing threat and danger from their families and society for non-acceptance of their relationship status. Hence, they are approaching the courts by way of filing writ petitions under Article 226 of the Constitution, seeking protection under Article 21. As a result, courts are inundated with such petitions," the Court observed.
- While referring to position and status of woman in such relationship, the Bench expressed that, "the idea of a live-in relationship may seem to be unique and appealing but in reality, the problems likely to arise are many and challenging. The status of a woman in such a relationship is not that of a wife and lacks social approval or sanctity,".
- The Bench held that a live-in-relationship agreement should be registered by some competent authority or a tribunal, which is a decision which must be established by the government. "Till the enactment of an appropriate legislation by the government, let a competent authority be established in each district to look into the matter of registering live-in relationships that will address and redress the grievances of such partners couples who have entered into such a relationship and the children being born out therefrom. "Let a website or web portal be launched in this regard for the redressal of the issue arising out of such a relationship," the court said.
Direction by the High Court-
- The Rajasthan High Court directed that a copy of the order must be sent to the following so as to look into the matter and take required actions-
- chief secretary,
- principal secretary of the department of law and justice and
- the secretary of department of justice and social welfare, New Delhi
- The court further referred to a larger Bench of the High Court so as to decide if, married persons who have decided to opt for live-in relationships without having dissolved their marriage, could seek a protection order from the court.
For further update on the subject or to seek free legal counsel on the subject of live-in relationships and the rights or the parties involved, other subjects related to family law, etc, you may contact us at Sharks of Law, in case you wish to talk to a lawyer online.
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Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
