Rajasthan HC Directs Registration Of Live-in-Relationship Agreements By Government Authority Until Legislation Is Framed
The Jaipur Bench of the High Court also fixed the liability of both partners in the form of child plan to bear the responsibility of the children born out of such relationship.

In a landmark ruling on live-in relationships, the Rajasthan High Court held that until a legislation is framed by the Centre as well as the State Government, a live-in-relationship agreement is liable to be registered by the Competent Authority/ Tribunal, which is required to be established by the Government.
The Jaipur Bench of the High Court further directed that till the enactment of the appropriate legislation by the Government, a competent Authority be established in each district of the State to look into the matter of registration of such 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.
The Single Bench of Justice Anoop Kumar Dhand said, “Thus, the Parliament and the State Legislature have to ponder and bring a proper legislation or make proper amendments in the law over this issue, so that the couples residing in such relationship may not face any harm and threat at the hands of their family, relatives and members of the society at large. Sometimes the female partners in such relationships suffer alot whenever such relationships are broken.”
Advocate Mahesh Jatwa represented the Petitioners while GA Cum AAG Rajesh Choudhary represented the Respondents.
Highlighting how the right to live with a partner of one's choice is a necessary component of the right to life and personal liberty, guaranteed under Article 21 of the Constitution of India, the Bench held, “Thus, the legal status of live-in-relationship in India has been evolved and determined by the Hon'ble Apex 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. 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,”
The Bench took note of the fact that several couples are residing in 'live-in-relationship' and are facing threats and danger from their families and society for not accepting their relationship. Hence, they are approaching the Constitutional Courts by way of filing writ petitions under Article 226 of the Constitution, seeking protection of their life and liberty under Article 21. As a result, Courts are inundated with such petitions. Every day dozens of petitions are being submitted under the similar prayer of protection of life and liberty from the danger and threats faced by such couples.
“It appears that the Police agencies are overburdened with investigation and the responsibility of maintaining law and order, hence, they hardly get any time to redress the grievance of the aggrieved, but certainly this cannot be a ground for denial, on their part, to look into the matter and decide the representation of such persons by passing appropriate orders”, it further noted.
Considering the fact that there is no separate legislation which lays down the provisions for live-in-relationship or which provides legality to this concept or protection to the female partners and the children born out of such relationships, the Bench directed, “Until a legislation is framed by the Centre as well as the State Government, a scheme of statutory nature is required to be formulated in legal format. 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, with the following terms and conditions, before entering into such live-in-relationship:
- 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
- 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 Court made it clear that till enactment of the appropriate legislation by the Government, the competent Authority be established in each district of the State would 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 relationships 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”, it added.
“Let a copy of this order, be sent to the Chief Secretary, State of Rajasthan, 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 for doing the needful exercise for compliance of the order/ direction issued by this Court. 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 further ordered.
Next, the Bench dealt with the issue of 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. It was noticed that a large number of petitions have been filed by several couples who have entered into “live-in-relationship” wherein one of the partners is married and the other one is unmarried or both are married with different partners, and such couples/partners are seeking protection orders from this Court.
Considering the contrary views taken by the Co-ordinate Benches of the High Court in catena of cases, the Bench ordered, “This Court accordingly refers this case to the Special/Larger Bench to answer the following question: "Whether a married person living with an unmarried person, without dissolution of his/her marriage or/and 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 ?"
The Court directed the matter to be placed before the Chief Justice on the administrative side for the constitution of a Special/Larger Bench to answer the aforesaid question.
Cause Title: X & Anr. v. State of Rajasthan & Ors. (Neutral Citation: 2025:RJ-JP:1930)
Appearance:
Petitioners: Advocates Mahesh Jatwa, Parmeshwar Pilania, Ajit Singh, Anoop Kumar, Mukesh Kumar Goyal, Satish Kumar Balwada, Ankit Khandelwal, Sonal Gupta, Vichitar Choudhary
Respondents: GA Cum AAG Rajesh Choudhary, Advocate Aman Kumar, Addl.G.A Jitendra Singh, Dy.G.A Vivek Choudhary, Dy.G.A Manvendra Singh, Advocates Neha Goyal, Vinod Sharma