The Kerala High Court recently stated that live-in relationships are not legally considered marriages, and couples in such arrangements cannot seek divorce under any personal law or the Special Marriage Act. The court ruled that an agreement to live together does not grant the couple the legal status of marriage.
A division bench of Justices A Muhamed Mustaque and Sophy Thomas explained that live-in relationships have not yet been recognized by law. The court emphasized that for a relationship to be considered a marriage, it must be solemnized in accordance with personal law or the secular provisions of the Special Marriage Act.
“Marriage is a social institution recognized by law, reflecting the moral and social values of society. The law does not yet recognize live-in relationships as marriage. Recognition is only granted if the marriage is solemnized under personal law or the Special Marriage Act. Living together under an agreement does not qualify as marriage, nor does it entitle the couple to seek divorce,” the Court stated.
The Court also highlighted that divorce is a legal procedure available only to couples who are married under the law. While certain obligations may arise in live-in relationships, they do not qualify the couple for divorce.
This ruling came during the appeal of a couple in a live-in relationship who sought a mutual divorce. They had entered into a registered agreement in 2006 to live together, raised a child, and presented themselves as husband and wife. However, they later wished to separate and approached the Family Court for divorce under the Special Marriage Act. The Family Court denied their request, as the couple was never legally married under the Act.
The couple argued that since they had publicly declared their relationship as a marriage, it should be recognized as one. However, the Kerala High Court ruled that living together by agreement does not amount to a legal marriage, and thus, the Family Court had no jurisdiction to grant divorce. The petition was dismissed as not maintainable.
The judgment affirmed that marriages formed through agreements or contracts are not recognized by law for the purpose of divorce. Therefore, the couple’s request was denied, and the Family Court’s refusal to grant divorce was upheld.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
