Live-in Relationship Is Not Marriage, Couples Cannot Seek Divorce: Kerala High Court
The Kerala High Court recently ruled that a live-in relationship is not legally recognized as a marriage, and couples who live together based on an agreement cannot seek divorce under marriage laws.
Court’s Observations
A division bench of Justices A Muhamed Mustaque and Sophy Thomas stated that:
- The law does not recognize live-in relationships as marriage.
- Only marriages solemnized under personal laws or the Special Marriage Act are legally valid.
- A relationship based on an agreement does not make it a marriage.
- Divorce laws apply only to legally recognized marriages.
The court further explained:
“Marriage is a social institution recognized by law. If two individuals choose to live together without following personal law or the Special Marriage Act, they cannot claim to be married or seek divorce.”
Case Background
A couple who had been in a live-in relationship since 2006 filed an appeal after the Family Court refused to grant them a divorce.
- They had entered into a registered agreement to live together.
- They lived as husband and wife and had a child together.
- When they decided to separate, they approached the Family Court for mutual divorce under the Special Marriage Act.
The Family Court rejected their petition, stating that since their relationship was not a legal marriage, they could not seek divorce under the Special Marriage Act. The couple then challenged this decision in the High Court.
High Court’s Verdict
The Kerala High Court upheld the Family Court’s decision, stating that:
- Live-in relationships are not equivalent to marriage.
- Divorce laws apply only to legally recognized marriages.
- The Family Court has no jurisdiction to grant divorce in such cases.
The court ruled:
“A marriage through a contract does not have legal recognition for divorce. The Family Court was right in rejecting the petition, as it was not maintainable.”
This ruling reinforces that live-in relationships do not grant couples the legal rights of marriage, including divorce provisions.
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