Jaipur, Jan 29 The Rajasthan High Court has directed the Central and state governments to formulate laws governing live-in relationships, emphasising the need for legal clarity on the matter.
Justice Anoop Dhand, in his ruling, said that while live-in relationships do not have social acceptance in India, they are not illegal under the law.
However, the absence of a specific legal framework has led to confusion, with courts offering varied interpretations in different cases.
Recognising the evolving social landscape, the court urged the Parliament and State Legislature to consider enacting a law to regulate such relationships.
Until a law is established, the court directs the creation of an authority in each district to handle cases related to live-in relationships.
Additionally, it recommended launching a dedicated website or portal to address grievances and provide legal assistance.
A key legal question raised was whether married individuals living in a live-in relationship should be granted legal protection.
Due to differing judgments by various single benches of the High Court, the case has been referred to a larger bench for a definitive ruling.
The court, after hearing multiple petitions, including that of Reena and others, had reserved its judgment on January 6, which was pronounced on Wednesday.
Emphasising the urgent need for legislation, the court said that a dedicated live-in relationship law should define the rights and responsibilities of couples, address issues related to women and children in such relationships, and establish legal obligations for partners regarding childcare, education, and healthcare.
The Chief Secretary, Principal Secretary (Law), and Central Law Secretary have been directed to receive copies of the court order.
The court has also sought a compliance report by March 1.
The court noted the growing number of cases where individuals in live-in relationships are already married -- some without dissolving their previous marriages.
Couples seeking legal protection from threats by family members have received inconsistent rulings from different benches.
To resolve this, the larger bench will now decide if a married person can live in a live-in relationship without divorce and seek legal protection.
If two married individuals, from different marriages, live together in a live-in relationship and claim legal protection, said the High Court.
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