Rajasthan High Court Calls for Mandatory Live-in Relationship Agreements to Protect Women and Children
In a pivotal ruling, the Rajasthan High Court has ordered the implementation of a mandatory live-in relationship agreement for couples choosing to reside together without formal marriage. The court’s decision, delivered on Wednesday, emphasizes the need for such agreements to protect the rights of both partners, especially the female partner, and to ensure proper care and financial support for children born out of these relationships.
The Court’s Landmark Ruling
Justice Anoop Kumar Dhand, who presided over the case, issued a significant directive calling on the government to establish a legal framework that would require couples entering into live-in relationships to register their agreements. These contracts would need to outline crucial aspects such as maintenance obligations, child welfare plans, and other responsibilities.
The court further emphasized the importance of a formal agreement detailing how the male partner plans to support the female partner, particularly if she is non-earning, as well as the provisions for the upbringing, education, and health of any children born within the relationship. This live-in relationship agreement would be required to be registered with a competent authority or tribunal to be established by the government to ensure compliance and protection for all parties involved.
Why This Decision Matters
The Rajasthan High Court’s decision marks an important milestone in the legal recognition of live-in relationships in India. While live-in relationships have been recognized by the Indian Supreme Court in various rulings, they have not always been universally accepted by society. The court acknowledged that although such relationships are not illegal, they often face societal stigma, and women and children in these relationships can be vulnerable.
The court noted that female partners in live-in relationships may face hardships, particularly in cases where they do not earn an income. It stressed that the male partner has a moral and legal duty to ensure their financial support, as well as that of any children born to the couple. This ruling highlights the state’s role in safeguarding the rights of these vulnerable individuals.
A Legal Framework for Live-in Relationships
The Rajasthan High Court’s decision also calls on the government to establish a comprehensive legal framework for live-in relationships. The court suggested that a detailed format be prepared by an appropriate authority to ensure that couples in live-in relationships agree to terms that protect both partners, especially in terms of maintenance and child-rearing responsibilities. This format should be filled out before entering into a live-in relationship.
Furthermore, the court recommended the creation of a district-level authority to handle the registration of live-in relationships and address any grievances that may arise, including those related to maintenance and child welfare. A dedicated web portal would also be established to manage such issues.
The court’s ruling provides a clear path for the government to enact a formal statute or scheme to safeguard the interests of individuals in live-in relationships until broader legislation is passed by the Centre and state governments.
Protecting Children and Addressing Moral Responsibility
One of the central aspects of the Rajasthan High Court’s ruling is its emphasis on the welfare of children born from live-in relationships. The court acknowledged that these children must be supported by both parents, particularly the father, who has an inherent responsibility to provide for their education, health, and general upbringing.
The court also recognized the moral obligation of the male partner to care for the children born from the relationship. In cases where women are found to be suffering, the court stressed that the male partner should bear the responsibility for their welfare, as well as that of any children involved.
This ruling comes in the wake of numerous petitions from couples in live-in relationships seeking police protection from threats by families and societal pressures. The court took note of these issues, highlighting the need for a legal mechanism to provide protection and support for such couples.
Implications for Future Legislation
The Rajasthan High Court’s decision reflects growing momentum for the recognition and regulation of live in relationships in India. The court has urged both the central and state governments to consider introducing a formal law that would create a uniform framework for live-in relationships, similar to the provisions of the recently introduced Uniform Civil Code in Uttarakhand.
As the court’s ruling suggests, live-in relationships in India are still viewed with moral ambiguity by many, but this legal recognition underscores the need for a more robust framework that acknowledges the rights and responsibilities of individuals in such arrangements.
The court has instructed the government to submit a compliance report by March 1, providing a timeline for the implementation of the necessary legal framework. This case could serve as a precedent for similar rulings in other states and push for broader legal reform that addresses the complexities of modern relationships in India.