Rajasthan High Court Orders "Mandatory Registration Of Live-In Relationships"

The court noted that Uttarakhand has issued rules on live-in relationships as part of the state’s UCC which came into effect earlier this week, and said that other states should also enact laws on the matter.

Live-In Relationship Edited by
Rajasthan High Court Orders

Uttarakhand’s Uniform Civil Code requires couples in live-in relationships to fill a 16-page form registering their relationship,

Rajasthan High Court: Couples who decide to live together without marriage must enter into and register a live-in relationship agreement, said the Rajasthan High Court on Wednesday. The Jaipur bench said that they should be registered until the centre or state government enacts legislation governing live-in relationships.

The bench noted that the Uttarakhand government has issued rules on live-in relationships as part of the state’s Uniform Civil Code (UCC) which came into effect earlier this week, and said that other states should also enact laws on the matter.

Also Read | Uttarakhand’s UCC Implementation: Exploring Implications And The Debate

The bench comprising Justice Anoop Kumar observed that a live-in relationship is liable to be registered by the competent authority or tribunal, which is required to be established by the government.

The high court also said that a website or web portal should be launched for redressal of any issues arising out of such relationships.

The court made the remarks while delivering a verdict ordering government authorities to make such a rule compulsory for those in live-in relationships.

Furthermore, the bench directed a system to be put in place where couples would have to enter details of their plan for caring for any children born out of the relationships, in terms of education, health, and upbringing. The contract must also contain details regarding how the male partner plans on paying maintenance of the female partner if she doesn’t earn.

Also Read | Singrauli: Congress’ Anand Rai Demands FIR Against Collector As Dalit Woman Dragged Out Of Collectorate

Taking into account the number of cases and petitions by couples in live-in relationships seeking police protection in the face of threats from their families at large, the court said, “Though the concept of live-in relationships is considered immoral by the society and the same is not accepted by the public at large, it is not treated as illegal in the eyes of the law.”

“Until legislation is framed by the Centre as well as the state government, a scheme of statutory nature is required to be formulated in a legal format. Let a format be prepared by the appropriate authority making it necessary for the couples/partners desiring to enter into such a live-in relationship to fill the format with the following terms and conditions before entering into such a live-in relationship,” stated the Rajasthan High Court.

The state’s chief secretary, principal secretary, Department of Law and Justice, and the secretary of the Department of Justice and Social Welfare at Delhi are required to file a compliance report to the court by March 1.

Also Read | Rajasthan High Court Grants Bail To Asaram Bapu In 2013 Rape Case

Uttarakhand’s 16-Page Form For Couples Living Together

Uttarakhand’s Uniform Civil Code (UCC), which came into effect on Monday, requires couples in live-in relationships to fill a 16-page form registering their relationship, according to the The Indian Express. They are also required to notify the government if their relationship ends.

The process will also entail Aadhaar-linked authentication, paying a registration fee, obtaining a certificate from a religious leader confirming the couple’s eligibility to marry if desired and providing details of any previous relationships. The law applies to residents of Uttarakhand, within and outside its territory. Failing to comply can result in a jail term of up to six months.

The law also requires couples in Uttarakhand to submit details about their previous relationships – marital or other live-in ones. The documents may include proof of divorce or annulment of marriage, a former spouse’s death certificate or a certificate of a terminated live-in relationship.

The rules also require the Registrar to forward all registrations of live-in relationships to the police station in the jursidiction of which the couple lives. As per the law, it is compulsory for landlords to ask for a “provisional” or final certificate of registration of the relationship.

Uttarakhand became the first Indian state to have a Uniform Civil Code after Independence. A common civil code has been in place in Goa since the Portuguese Civil Code was adopted in 1867.