Do Live-In Relationships Need Registration?

Although the word ‘live-in relationship’ is ambiguous, it refers to domestic cohabitation between two unmarried persons. Live-in relationships are growing more common among couples. However, one may argue that the incidence is higher in metropolitan areas and tier-1 cities, particularly among upwardly mobile young people. Couples would frequently embark into live-in relationships to evaluate their compatibility before deciding to marry. It enables them to better understand each other and make educated decisions about major commitments such as marriage.

Uttarakhand citizens may soon be required to register their live-in relationships or risk imprisonment for up to three months and a fine of up to Rs 10,000, if the state passes a new Bill, filed in the legislature on Tuesday morning.

The bill, titled the Uniform Civil Code of Uttarakhand 2024, proposes to replace the state’s religion-based personal rules governing marriage, divorce, and succession with a common set of laws. In a first for India, it also regulates live-in partnerships, which have hitherto lacked a defined legal status in the country.

Definition is uncertain 

The bill requires all persons in live-in relationships in Uttarakhand, as well as any residents of the state temporarily living outside, to file a “statement of live-in relationship” with a registrar nominated by the state government. The law defines a live-in relationnd a woman. The definition of a “relationship in the nature of marriage” remaiship as “in a shared household through a relationship like marriage” between a man and unclear throughout the measure. However, the definition clearly states that it only applies to heterosexual couples.

Following receipt of this statement, the registrar will conduct an inquiry within 30 days to ensure that the relationship is not prohibited by clause 380 of the law. Clause 380 bans the registration of live-in relationships in which at least one partner is already married, in a live-in relationship, or is a juvenile. It also outlaws live-in relationships between partners who are related by blood or marriage, as well as consent gained through pressure or fraud.

If the registrar is satisfied with the authenticity of the live-in relationship after the inquiry, they may register it and issue the couple a registration certificate.

 The registrar will also pass all statements of live-in relationships received by them to the officer in charge of the police station where the couple resides. In addition, if the partner is under the age of 21, the registrar will notify either the partner’s parents or guardians about the connection.

Potential for harassment

According to clause 386 of the bill, if partners in a live-in relationship do not make a statement of the relationship to the registrar – in other words, apply for registration of the relationship – the registrar will send a notice to the couple requiring them to apply for registration within 30 days of receipt.

The provision indicates that the registrar will act on his or her initiative or upon receipt of a “complaint or information in this regard.” In the absence of any guidelines in this paragraph or elsewhere in the bill, it can be assumed that anyone can make such a “complaint” against a couple in a live-in relationship.

This, along with a lack of clarity about what defines a live-in relationship, may result in harassment of any man and woman who live together. Couples who fail to register their live-in relationship within a month of starting it face a criminal penalty of up to three months in prison, a fine of up to Rs 10,000, or both.

The measure does not explain how the state or the couple will decide the start date of the live-in relationship. If a couple in a live-in relationship fails to apply for registration despite receiving a notice to do so from the registrar under clause 386, they face a harsher punishment of imprisonment for up to six months, a fine of up to Rs 25,000, or both.

Furthermore, clause 387(2) of the bill states that if one of the partners makes a false statement in the registration application or withholds any significant fact from the registrar, they shall face imprisonment for up to three months, a fine of up to Rs 25,000, or both.

If the registrar believes that the live-in relationship is forbidden under any of the prohibited grounds under clause 380, or if the registration application contains “incorrect or suspicious” information, they must notify the officer-in-charge of the local police station “for appropriate action”. The bill contains no qualifiers or explanations for what constitutes “suspicious information” or what “appropriate action” the police may take in addition to the penalty specified in Article 387(2).

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