Live-in relationship is not recognised as marriage, can't seek divorce: Kerala HC

Kochi: The Kerala High Court has ruled that a live-in relationship is not legally regarded as marriage and hence cannot be recognised for divorce purposes.
The Court noted that the law only permits parties to get a divorce if they were wed in accordance with a recognised form of marriage under personal law or secular law.

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A division bench comprising Justice Muhamed Mustaque and Justice Sophy Thomas observed, “Marriage as a social institution, as affirmed and recognised in legislation, reflects the social and moral ideals followed in the larger society. The Law is yet to recognise the live-in relationship as a marriage. The Law accords recognition only if the marriage is solemnized in accordance with secular law like the Special Marriage Act."

Two Hindu and Christian people, who had been living together since 2006 after signing a registered agreement, had jointly filed an appeal with the court. Together, they had a child as well. The Family Court denied the appellant's request for a mutual divorce under the Special Marriage Act on the grounds that the marriage had not been solemnised in accordance with the Act. As a result, the Appellants petitioned the High Court to review the Family Court's ruling.

The Court ruled that divorce could not be sought as a form of separation since the law does not recognise live-in relationships as marriage. According to the Court, a divorce can only be granted when the parties' marriage is accepted by either personal or secular law.

The Court further held that the Family Court lacked jurisdiction to consider such a claim since it could only address legal marriages.

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• kerala high court
• marriage
• live-in relationship