Keywords – Live-In- Relationship, Marriage, Child, Divorce, Family Court.
The Kerala High Court has held that law does not recognise a live-in-relationship as marriage and hence such a relationship can not be recognised for the purpose of divorce either. The court was considering an appeal jointly filed by two person one is Hindu and another is Christian. Who were living together since 2006 after entering into registered agreement. They also had a child together.
The appellants had filed petition for mutual divorce under the Special Marriage Act which was dismissed by the Family Court holding that the marriage was not solemnized under the act.
Inevitably appellants had approached the High Court against the order of the Family Court. A division bench comprising of Justice Mohammed Mushtaq and Justice Sophy Thomas observed that the law only allows parties to divorce if they are married under a recognised form of marriage commensurate with personal law or secular law. So far marriage is entered between the parties through a contract does not have any recognization under law for the purpose of divorce.
Written by- Drishti Pandey College – S.S. Khanna Girls Degree College, University of Allahabad Semester – 4 th an intern under legal vidhiya
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