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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Reena Wife of Balwan D/O Shri Narendra – Appellant
Versus
State of Rajasthan, Through P.p. – Respondent
No, a live-in relationship agreement cannot be legally notarized in India, as there is no specific legislation recognizing or providing for such agreements, and courts have emphasized the need for a statutory framework involving mandatory registration with a competent government-established authority or tribunal rather than notarization. (!) (!) (!)
Notarization by a notary public would merely authenticate signatures but would not confer legal recognition, enforceability, or protection equivalent to a registered agreement under a proposed scheme, which must include fixed liabilities (e.g., for child maintenance and female partner support) and oversight by district-level authorities. (!) (!) (!)
In the absence of legislation, any such agreement lacks binding legal status, and the court has directed governments to enact laws or schemes for proper registration to protect parties and children involved. (!) (!) (!)
Order :
1. India is a country, which is slowly opening its door for western ideas and lifestyles and the most crucial aspect amongst it, is the concept of 'Live-in-relationship'.
2. The live-in-relationship is an agreement in which two persons live together in a short or long term relationship. The Hindu Marriage Act, 1955 (for short, 'the Act of 1955') does not recognize the concept of live-in-relationship. Even in Muslim Law, no recognition has been given to such relationship as such type of relationship, without or outside the marriage, is treated as 'Zina'and 'Haram'. Such relationship is not permissible in Islam.
3. The idea of live-in-relationship may seem to be unique and appealing but in reality the problems likely to arise are many, as well as challenging. The status of a woman in such relationship is not that of a wife and lacks social approval or sanctity.
4. 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 Hon'ble Apex Court on several occasions has held that live-in-relationships are not illegal. In S. Khushboo vs. Kanniammal and Anr. reported
Live-in-relationships are recognized as part of the right to life and personal liberty under Article 21, but lack specific legal recognition, necessitating legislative action for protection.
Live-in relationships are legally recognized, and individuals have the right to choose partners, protected under Articles 19 and 21 of the Constitution.
The right to live together in an interfaith relationship is protected under Article 21 of the Constitution, guarding personal liberty against familial and societal coercion.
Live-in relationships involving married individuals do not equate to marriage and are unlawful, lacking essential characteristics of marriage, thus not entitled to protection under the Domestic Viole....
Compliance with the U.P. Prevention of Unlawful Conversion of Religion Act and evidence of a domestic relationship are crucial factors in seeking protection for interfaith live-in relationships.
Live-in relationships involving a married person do not have legal recognition as marriages and do not qualify for protection under domestic violence laws.
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