The Kerala High Court recently ruled that live-in relationships are not recognized as marriages under the law. The court stated that marriages are only acknowledged if they are solemnized according to personal or secular laws, such as the Special Marriage Act.
The court clarified that if two parties decide to live together based on a mere agreement and not in accordance with any recognized form of marriage, they cannot claim it as a marriage or seek a divorce.
The court highlighted that marriage is considered a social institution recognized by the law, reflecting the moral and social principles of society. However, cohabitation without a legally recognized form of marriage is not acknowledged as such. While live-in relationships may have legal implications for other purposes, they are not recognized for the purpose of divorce.
The court explained that divorce is specific to marriages that are legally valid and can only be granted under the applicable statutory laws. Other forms of divorce are also governed by specific statutes. In the case being reviewed, a couple in a live-in relationship had approached the Family Court seeking a divorce under the Special Marriage Act.
However, since they were not married under that act or any other recognized law, the Family Court rejected their petition. The couple then appealed to the High Court.
The High Court upheld the Family Court’s decision, stating that when parties live together based on a simple agreement rather than a recognized form of marriage, they cannot claim marriage status or file for divorce. The court determined that the Family Court did not have the authority to hear the divorce petition and ordered it to return the petition as not maintainable.
In summary, the Kerala High Court’s ruling clarifies that live-in relationships without a legally recognized form of marriage are not considered marriages under the law and, therefore, couples in such relationships cannot seek a divorce.
