Law does not recognise live-in relationship as marriage, says Kerala high court: Report
Law does not recognise live-in relationships as marriage, the Kerala high court observed on Tuesday.
The court added that when two individuals decide to live together by virtue of a mere agreement and not in accordance with any personal law or Special Marriage Act, they cannot claim it to be a marriage or seek divorce, legal website Bar and Bench reported.
A division bench comprising justices A Muhamed Mustaque and Sophy Thomas made the observation about live-in relationships. The justices observed that they (live-in relationships) are yet to recognised legally, adding that a relationship is granted recognition by law only if marriage is solemnised in accordance with personal law or secular law like the Special Marriage Act.
Reiterating that law is yet to recognise live-in relationships as marriages, the court said marriage isn a social institution which is recognised by legislation and reflects the social and moral ideals in the society.
The high court said that divorce is just a means to separate a legal marriage. Live-in relationships might be recognised for other purposes, but not for divorce. The court added that parties can be allowed for divorce only if they are married as per recognised forms of marriage.
The high court judgment said that divorce is customised via legislation. The extra-judicial divorce followed in some communities have also got recognition through statutory laws and all other forms of divorce are of statutory nature.
The high court bench made the observations while hearing an appeal filed by a couple of different faiths who were in a live-in relationship and had challenged a family court order refusing to grant them divorce under Special Marriage Act.
The petitioners, a Hindu and another a Christian, decided to live together as a husband and wife in 2006 through a registered means.. The couple also had a child together during the relationship.
But now the couple wished to end their relationship and had approached the family court with a joint petition for mutual divorce under Special Marriage Act. But the court refused to grant them divorce on ground that they were not married under the said act. As a result, the petitioners moved the high court.
The petitioners’ lawyer had argued that when both parties had accepted their relationship as a marriage through declaration, the court cannot decide whether they are legally married or not.
The high court said that when two parties decide to live together through a mere agreement and not as per any personal law or Special Marriage Act, they cannot claim it to be a marriage or seek divorce. The high court noted that the family court does not have the jurisdiction to entertain such a divorce claim, and asked it to return the petition holding it as not maintainable.