Kerala HC Rules Live-in Relationships Not Legally Recognized as Marriages, Disallows Divorce

Kochi: The Kerala High Court recently ruled that live-in relationships are not recognized as marriages under the law. According to the court, only marriages solemnized in accordance with personal or secular laws are considered legal unions.

Therefore, couples who live together based on an agreement cannot claim it as a marriage or seek a divorce on that basis. The court’s decision came in response to an interfaith couple’s appeal for divorce, which was dismissed by a family court because their marriage was not solemnized under the Special Marriage Act.

The couple, consisting of a Hindu and a Christian partner, had been living together since 2006 under a registered agreement and have a child together. However, they decided to end their relationship and approached the family court for a divorce. The high court concluded that the law does not recognize live-in relationships as marriages. Although such relationships may create reciprocal obligations or duties, they are not eligible for divorce.

The court emphasized that divorce laws in India are specific and tailored through legislation. Only marriages solemnized according to recognized forms of personal or secular laws are eligible for divorce. The court further stated that the family court did not have jurisdiction to entertain the couple’s claim for separation and should have returned the petition as not maintainable.

Consequently, the high court directed the family court to return the couple’s plea and advised them to seek a remedy elsewhere. This ruling highlights the legal stance that only marriages conducted under recognized forms of marriage applicable according to personal or secular laws are eligible for divorce.