Uttarakhand Chief Justice asks what is wrong in regulating live-ins: ‘What if there is a child born out of this relationship?’

Appearing for the Uttarakhand and the cardinal governments, Solicitor General Tushar Mehta sought six weeks to record a effect to the petition aft the Chief Justice sought justification connected Section 387(1) of the law, which criminalises non-registration of live-in relationships with either imprisonment up to 3 months oregon a good of R 10,000 oregon both. Mehta said, “We volition enactment successful a reply. There is simply a justification for this. We person conducted a survey and determination are respective destitute women”.

In his oral observations, the CJ asked what was incorrect successful regulating live-in relationships. “There is besides a fallout of this. What happens if this narration breaks up? What if determination is simply a kid retired of this relationship? In respect of marriage, determination is simply a presumption regarding paternity but successful a live-in relationship, wherever is that presumption? In the garb of penetration of your privacy, tin the self-respect of different idiosyncratic beryllium sacrificed, that excessively erstwhile helium is your kid and determination is nary impervious of marriage… oregon paternity,” helium said.

“It (registration if live-ins) is simply a proviso for women’s empowerment,” the SG said.

The CJ said that live-ins are already recognised nether the Protection of Women from Domestic Violence Act. “The occupation is not conscionable astir women — though the woman volition look a definite magnitude of problems — but of proving paternity… If determination is simply a registration, this would surely help,” helium said.

As for the degrees of prohibited relations, the SG said specified relationships were already prohibited nether the Special Marriage Act, Hindu Marriage Act, and Christian Marriage Act.

“(This leads to) familial problems. We are successful 2025; we person to beryllium a small much alert of this. It’s medically proven,” said the Chief Justice, asking the SG astir the prohibition of matrimony betwixt cousins.

The SG said, “These are the norms accepted crossed the state amongst each religions, including the Special Marriage Act, which is simply a non-communal act. There cannot beryllium a cardinal close to wed your (cousin) sister.”

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