Kerala High Court's big comment on the legal status of live-in relationship, said- such couples cannot seek divorce
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The Bench further observed that marriage as a social institution reflects social and moral ideals, where these are also followed.
The Kerala High Court has made an important comment regarding those living in live-in relationships. The High Court has said that these relations cannot be recognized as marriage. No such law has been made which recognizes live in relationship as marriage. The court also said that if two people live together only on the basis of mutual agreement, it does not mean that they come under the purview of the Marriage Act. A division bench of Justice Muhammad Mushtaq and Justice Sophie Thomas said that cohabitation of such couples does not amount to marriage, nor can divorce be sought in it.
The Bench further observed that marriage as a social institution reflects social and moral ideals, where these are also followed. This has also been confirmed and recognized in the law. At present, legally live-in relationship has not been given the status of marriage. The law recognizes marriage only when it is solemnized as per personal law or as per secular law like Marriage Act.
The Kerala High Court has made this comment on the petition of a couple living in a live-in relationship. In the petitioner couple, one is a Hindu and the other is a Christian. They had decided to live together as husband and wife in the year 2006 on the basis of an agreement. While living together in the relationship, both of them also had a child. Now both of them want to end their relationship. In this regard, both had approached the family court. However, he got disappointed from there. The family court refused to grant them divorce. The court argued that they were not married under any act. In such a situation, they cannot demand divorce. After this both of them had moved the Kerala High Court.
While hearing this petition, the court has also said that divorce is just a means of breaking the legal marriage. No such recognition can be given to those living in live in relationship.
