Law does not recognise live-in relationship as marriage: Kerala HC
text_fields
Kochi: The Kerala High Court on Tuesday stated that the law does not recognize live-in relationships as marriages and that divorce is applicable only to legally married couples.
The court emphasized that if two individuals choose to live together based solely on an agreement and not in accordance with any personal law or the Special Marriage Act, they cannot consider it a marriage or seek a divorce, as reported by Bar and Bench.
A division bench comprising Justices A Muhamed Mustaque and Sophy Thomas made these observations regarding live-in relationships.
The justices highlighted that legally, such relationships are yet to be recognized and emphasized that recognition is granted only when a marriage is solemnized in accordance with personal or secular laws, such as the Special Marriage Act.
Reaffirming that live-in relationships are not legally recognized as marriages, the court stated that marriage is a social institution acknowledged by legislation, reflecting the societal and moral ideals.
The high court clarified that divorce is applicable only to legally married couples and that live-in relationships may be recognized for other purposes, but not for divorce. The court further noted that divorce can only be granted if the parties are married under recognized forms of marriage.
The judgment highlighted that divorce is regulated through legislation, and various forms of divorce, including extrajudicial divorces, have obtained recognition through statutory laws.
The high court bench made these observations while hearing an appeal filed by a couple of different faiths who were in a live-in relationship and sought divorce under the Special Marriage Act, which was denied by the family court.
The petitioners, a Hindu and a Christian began living together as husband and wife in 2006 through a registered means and had a child together during the relationship. However, they now wished to end their relationship and approached the family court seeking mutual divorce under the Special Marriage Act.
The family court rejected their plea, stating that they were not married under the said act. Consequently, the petitioners approached the high court.
The petitioners' lawyer argued that since both parties acknowledged their relationship as marriage through a declaration, the court should not question their legal marital status.
However, the high court clarified that if two parties choose to live together based on a mere agreement and not in accordance with any personal law or the Special Marriage Act, it cannot be considered a marriage, and therefore, they cannot seek divorce.
The high court concluded that the family court lacked jurisdiction to entertain such a divorce claim and instructed it to return the petition as not maintainable.
