Kerala:
The Kerala High Court recently stated that a live-in relationship is not considered a legal marriage under Indian law. Therefore, couples who live together through a simple agreement cannot seek divorce under laws like the Special Marriage Act.
A division bench of Justices A Muhamed Mustaque and Sophy Thomas made this observation while hearing a case involving a couple who were in a live-in relationship. The couple had approached the Family Court asking for divorce by mutual consent under the Special Marriage Act. However, the Family Court rejected their plea, saying they were never legally married under that law.
The couple had signed a registered agreement to live together in February 2006. They lived as husband and wife for years and also had a child. Later, they decided to separate and filed a joint petition for mutual divorce. After the Family Court dismissed their petition, they approached the High Court.
The couple’s lawyer argued that since both parties accepted their relationship as marriage, the court should also treat it as such. But the High Court disagreed.
The court clarified that marriage is legally recognized only if it follows personal laws or laws like the Special Marriage Act. Simply living together under a contract or agreement does not make it a legal marriage. As a result, such relationships do not fall under divorce laws.
The court added, “Divorce is only meant to end a legal marriage. While live-in relationships may create certain legal duties or responsibilities in some cases, they are not treated as marriages for divorce purposes.”
Finally, the High Court directed the Family Court to return the petition as it was not maintainable, since the couple was never married legally.
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