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Adv Vipul Singh Raghuwanshi
Adv Vipul Singh Raghuwanshi. | 2 days ago | 3243 Views

Contracts To Be Mandatory For Live-In Relationships- Rajasthan High Court

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-

  1. 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-
    1. chief secretary, 
    2. principal secretary of the department of law and justice and 
    3. the secretary of department of justice and social welfare, New Delhi
  2. 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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