Kiran Raj

The Rajasthan High Court has referred the issue of legal protection for live-in couples, where one or both partners are already married, to a Special/Larger Bench. The court noted conflicting decisions by coordinate benches on whether such couples are entitled to protection under Article 21 of the Constitution. Pending resolution, the matter will be decided by a higher bench to ensure uniformity in future rulings. The court also directed the state government to formulate a legal framework addressing live-in relationships, given the increasing number of protection petitions filed before courts.

Several criminal writ petitions were filed before the Rajasthan High Court by couples seeking protection orders under Article 21 of the Constitution of India. The petitioners, individuals engaged in live-in relationships, argued that they faced threats from their families and society due to their personal choices. They sought protection from the police and state authorities, claiming a fundamental right to live with a partner of their choice.

The petitions involved cases where both partners were unmarried, as well as cases where one or both partners were already married to other individuals. The petitioners contended that their right to life and personal liberty included the freedom to choose their partners and live together without interference.

The respondents, including the State of Rajasthan and law enforcement agencies, maintained that such relationships, particularly those involving married individuals, lacked legal recognition and social acceptance. They cited concerns regarding the sanctity of marriage and the societal implications of granting legal protection to couples in such relationships.

The state authorities further argued that a clear legal framework was needed to regulate live-in relationships, as courts were receiving an increasing number of petitions in this regard. The absence of specific legislation led to varying interpretations by different benches, resulting in inconsistent rulings.

Justice Anoop Kumar Dhand, hearing the case, reviewed multiple Supreme Court and High Court judgments on live-in relationships. The court recorded that the Supreme Court had recognized the right of consenting adults to live together, citing precedents such as S. Khushboo v. Kanniammal, Indra Sarma v. V.K.V. Sarma, and Lata Singh v. State of U.P., which held that live-in relationships are not illegal, though they may lack social approval.

The court observed: "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."

However, the court noted that the existing legal framework does not explicitly regulate live-in relationships, leading to uncertainty in judicial decisions. The court cited previous rulings that granted protection to couples in live-in relationships, including cases where one partner was married, as well as conflicting judgments denying such protection.

The court recorded: "The judicial decorum and legal propriety demand that where a Single Bench or Division Bench does not agree with the decision of a bench of coordinate jurisdiction, the matter should be referred to a Larger Bench."

The court observed the need for a consistent legal approach to live-in relationships and the protection of individuals who choose such arrangements. It also noted the social and legal challenges arising from such relationships, particularly regarding the rights of children born out of live-in relationships and the obligations of partners.

Based on its findings, the Rajasthan High Court issued the following directives:

1. Reference to a Larger Bench: The court referred the matter to a Special/Larger Bench to resolve the following legal question:

"Whether a married person living with an unmarried person, without dissolution of his/her marriage, or whether two married persons with two different marriages living in a live-in relationship, without dissolution of their marriages, are entitled to get protection order from the Court?"

2. Legal Framework for Live-in Relationships: The court directed the state government to consider enacting legislation or formulating guidelines regarding live-in relationships. It suggested that a statutory scheme be developed to address the legal rights and obligations of partners in such relationships.

3. Compliance Report: The Chief Secretary of Rajasthan, the Principal Secretary of the Law and Justice Department, and the Secretary of the Department of Justice and Social Welfare, New Delhi, were instructed to submit a compliance report by March 1, 2025, detailing steps taken to address the issue.

4. Administrative Action: The matter was placed before the Chief Justice for the constitution of a Special/Larger Bench to resolve the legal question.

Case Title: Reena & Ors. vs. State of Rajasthan & Ors.
Case Number: S.B. Criminal Writ Petition No. 2183/2024 & Connected Matters
Bench: Justice Anoop Kumar Dhand

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