The Kerala High Court recently ruled that live-in relationships are not legally recognized as marriages. The court stated that when two people choose to live together based on a simple agreement, and not according to personal law or the Special Marriage Act, they cannot claim their relationship as a marriage or seek a divorce.
Justices A Muhamed Mustaque and Sophy Thomas emphasized that marriage, as recognized by law, requires adherence to either personal law or secular laws like the Special Marriage Act. The court explained that live-in relationships do not meet these legal criteria and thus cannot be treated as marriages for the purpose of seeking a divorce.
The court was reviewing an appeal from a couple in a live-in relationship who sought a divorce under the Special Marriage Act. They had a registered agreement from February 2006 and lived together as a married couple, even having a child. However, they sought separation and filed a petition for mutual divorce.
The Family Court denied their request, noting they were not legally married under the Special Marriage Act. The couple appealed this decision, arguing that their declaration of marriage should be recognized by the court.
The High Court, however, upheld that without marriage being solemnized under personal or secular law, a mere agreement does not constitute a marriage. The court directed the Family Court to reject the petition, stating it lacked jurisdiction over such claims.
The judgment highlighted that marriages formed through contracts have not been recognized by law for divorce purposes. Therefore, the Family Court should have dismissed the petition as non-maintainable.
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