The Kerala High Court has recently ruled that live-in relationships are not recognized as marriages under the law. The court clarified that when two people live together by mutual agreement, without following any personal law or the Special Marriage Act, they cannot claim their relationship as a marriage or seek a divorce.
Court’s Observation on Live-in Relationships
A division bench of Justices A Muhamed Mustaque and Sophy Thomas made this observation while hearing an appeal from a couple in a live-in relationship. The court highlighted that marriage is a social institution, recognized by law only if it is solemnized according to personal law or secular law, such as the Special Marriage Act.
The court emphasized that living together by agreement alone does not qualify as a legal marriage. “The law only recognizes marriages that follow personal or secular laws. A live-in relationship, by mere agreement, cannot be treated as a marriage, and divorce cannot be sought,” the court said.
Case Background
The couple in question had entered into a registered agreement in 2006 to live together. They lived as husband and wife for several years and had a child. However, they later decided to separate and approached the Family Court with a joint petition seeking a mutual divorce under the Special Marriage Act.
The Family Court, however, denied their request, stating that they were not legally married under the Special Marriage Act. Dissatisfied with this ruling, the couple appealed to the Kerala High Court.
High Court Ruling
The High Court upheld the Family Court’s decision, stating that since the couple did not have a legally recognized marriage, they could not claim divorce. The court also noted that the Family Court lacked the jurisdiction to handle such cases. “Any marriage entered into by contract has not yet been recognized by law for granting divorce,” the High Court ruled.
The judgment highlights the legal stance on live-in relationships, reaffirming that they do not hold the same legal status as marriages. Consequently, couples in such arrangements cannot seek legal remedies like divorce that are available to married couples.
Conclusion
The Kerala High Court has made it clear that live-in relationships, even if formalized by an agreement, do not qualify as legal marriages. Without a legally recognized marriage, courts cannot grant divorce. This ruling underscores the need for couples to follow the appropriate legal procedures to ensure their marriage is valid under the law.
Case Name: Live-in Relationship Case, Kerala High Court
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