The Rajasthan High Court on Wednesday told the state government to make it mandatory for couples in a live-in relationship to enter into an agreement.

The High Court told the state government to set up an authority or tribunal to register live-in relationships until a law is enacted for it.

The registration process will require couples to furnish details on how they plan to care for any children born from the relationship, as well as the male partner's plan to provide maintenance if the female partner does not earn.

"Though the concept of live-in-relationship 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 law,” Justice Anoop Kumar Dhand said.

“Minor children born out of such relations are expected to be maintained by their parents and specially by the father, because women from such relations may often be found to be sufferers as well,” the judge said.

The High Court noted that many live-in couples approach the judiciary, as their families and society at large do not accept their relationships. It said that the Centre as well as the Rajasthan government should enact “appropriate legislation” to deal with the subject.

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

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.

Uttarakhand mandates 16-page form for live-in couples

Uttarakhand’s Uniform Civil Code, which came into effect on Monday, requires couples who live together to fill a 16-page form registering their relationship, The Indian Express reported. 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, both within and outside its territory. Failing to comply with the norms can result in a jail term of up to six months.

The Uniform Civil Code is a common set of laws governing marriage, divorce, succession and adoption for all citizens. Currently, such personal affairs of different religious and tribal groups are based on community-specific laws, largely derived from religious scripture.

Uttarakhand has become 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.

The rule mandates couples who intend to live together to procure a certificate “issued by an official of a religious leader/community head or an official of the relevant religious/community body confirming that the customs and practices governing the registrants permit marriage between them”, according to The Indian Express.

Besides, the law also requires couples to furnish details about their previous relationships – both marital or other live-in ones. These 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. Further, it is compulsory for landlords to ask for a “provisional” or final certificate of registration of the relationship.

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