Jaipur: The Rajasthan High Court on Wednesday said that a new legislation on live-in relationships to grant rights and impose obligations on the part of couples is the need of the hour and until such a law is framed by the Centre and the state, a scheme of statutory nature is required to be formulated in a legal format and the live-in-relationship agreement is liable to be registered by the competent authority/ Tribunal, which is required to be established by the government.
Justice Annop Kumar Dhand, while hearing a bunch of pleas filed by several live-in couples seeking protection, took note of the Uniform Civil Code enacted by the Uttrakhand government which lays down certain procedure for live-in-relationships.
Problems likely to arise in live-in relationships are many: High Court
The High Court said the idea of live-in-relationship may seem to be unique and appealing but in reality the problems likely to arise are many, as well as challenging. The status of a woman in such relationship is not that of a wife and lacks social approval or sanctity and the children born out of such relationships would be the sufferer, the judge added.
Children born out of live-in relationships would be the sufferer and their well-being required to be addressed: High Court
The High Court further said that the children born out of live-in relationships would be the sufferer and hence, their well being is required to be addressed. 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, the High Court added.
“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 High Court said.
The High Court further said the legal status of live-in-relationship in India has been evolved and determined by the Supreme Court in catena of judgments, however, there is no separate legislation which lays down the provision of live-in-relationship and provides legality to this concept.
Live-in relationship is considered immoral by society but not treated as illegal in the eyes of law: High Court
“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. It has been held by the Hon’ble Apex Court that living together is a part of right to life and personal liberty, therefore, it cannot be held to be illegal and against any law,” the High Court said.
The High Court further said that several couples are residing in “live-in-relationship” and are facing threat and danger from their families and the society for not accepting their relationship and hence, they are approaching the Constitutional courts seeking protection of their life and liberty and as a result, courts are inundated with such petitions.
Let a format be prepared making it necessary for couples desiring to enter into live-in relationships: High Court
Justice Dhand said 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 before entering into such live-in-relationship. The format will have following terms and conditions: 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 and 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 live-in-relationship agreement is liable to be registered by the competent authority/ Tribunal, which is required to be established by the government,” the High Court said and added, “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 relationship.”
High Court referred other issue involved with petitions to larger bench
The High Court referred other issue involved in these petitions – 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 – to a larger bench, saying there are conflicting opinions and views of different co-ordinate benches of this court on the issue.
