The Kerala High Court has ruled that live-in relationships are not recognized as marriages under the law. According to the court, only marriages solemnized following personal or secular laws are considered legally valid unions. As a result, a couple living together based on an agreement cannot claim it to be a marriage or seek a divorce on that basis. The decision was made by a bench of Justices A Muhamed Mustaque and Sophy Thomas in response to an appeal by an interfaith couple. The couple had filed a plea for divorce in the family court, which was dismissed on the grounds that their marriage was not solemnized under the Special Marriage Act.
Brief Facts:
The couple, with one partner being Hindu and the other Christian, had been cohabiting since 2006 through a registered agreement. They also have a 16-year-old child. Seeking to end their relationship, they approached the family court to file for divorce.
Contentions of the Appellant:
The appellant's counsel argued that once both parties acknowledge their relationship as a marriage, it is not the court's role to determine its legal status. They contended that the registration under the Registration Act alone strengthens their claim of being legally married.
Observations by the Court:
The high court, in disposing of the appeal, stated that the law does not recognize live-in relationships as marriages. Recognition is only granted if the marriage is solemnized according to personal or secular laws like the Special Marriage Act. Merely living together under an agreement does not qualify as a marriage or allow for a divorce claim.
The court emphasized that while such relationships may create reciprocal obligations or duties, they cannot be recognized for divorce purposes. Divorce laws in India are specific and established through legislation. The court further clarified that divorce can only be granted if the marriage is conducted in accordance with recognized forms of personal or secular law.
“Law relating to divorce is peculiar in our country and customised through legislation. The extra-judicial divorce followed in some communities also got recognition through statutory laws. All other forms of divorce are of statutory nature. The statute only recognise or allows the parties to divorce if they are married in accordance with the recognised form of marriage applicable as per the personal law or secular law.”
The high court also concluded that the family court lacked jurisdiction to entertain the couple's separation claim and should have returned the petition as not maintainable.
" We also note that the Family Court had no jurisdiction to entertain such a claim for separation. The Family Court enactment was made to resolve all disputes related to marriage and family affairs thereon. The marriage referred to in the preamble of the Family Court Act only denotes marriage as recognised by the law. Any marriage entered into between the parties through a contract has, so far, not got any recognition under law for the purpose of granting divorce. In such circumstances, the Family Court also does not have jurisdiction to entertain such claim for divorce.”
The court directed the family court to return the plea and granted the parties the liberty to seek their remedy elsewhere.
The decision of the Court:
The Family Court’s ruling was held not maintainable, and appeal was disposed of.
Case Name: X v. NIL
Coram: Justices A Muhamed Mustaque and Sophy Thomas
Case No.: Matrimonial Appeal No. 784 Of 2022
Advocates of the Appellant: Advs. Dhanya P Ashokan, M R Venugopal, S Muhammad Alikhan
Read Judgment @LatestLaws.com
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