“Several couples are residing in a ‘live-in’ relationship and are facing threat and danger from their families and the 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 bench noted.
The court termed live-in relationships “unique” and said that it needs to be regulated. “The idea of 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 said that the live-in relationship agreement is liable to be registered by a competent authority/tribunal, which is required to 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, who 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 bench said.
The bench also directed for the copy of the order to be sent to the chief secretary, principal secretary, department of law and justice, as well as to the secretary, department of justice and social welfare, New Delhi, to look into the matter and do the needful.
“They are further directed to send a compliance report to this court on or before 01.03.2025 and apprise this court about the steps being taken by them,” the bench said.
The judge also referred the matters to a larger bench of the high court to decide if married persons opting for live-in relationships without dissolving their marriage are entitled to seek protection order from the court.
