In a recent ruling, the high court emphasized that living together by agreement alone does not constitute a marriage or warrant divorce. The court’s division bench highlighted that the law has yet to officially recognize live-in relationships as marriages, only granting recognition when a marriage is solemnized through personal or secular laws like the Special Marriage Act.
“The law recognizes divorce as a means of separating a legal marriage. There may be a situation where the relationship qualifies for the creation of reciprocal obligations or duties elsewhere. But that does not mean that such a relationship can be recognized for divorce,” the court stated.
The case that prompted this ruling involved a couple who had entered into a registered agreement in February 2006 to live together. Despite living as husband and wife and even having a child together, they sought to dissolve their relationship through a mutual divorce under the Special Marriage Act. However, the family court denied their petitiobecauseat they were not married under the said act.
Acknowledging the lack of jurisdiction for the family court to entertain such a claim of divorce, the high court directed the court to return the petition as not maintainable.
This ruling serves as a reminder that live-in relationships, despite their longevity and commitments, are not legally equivalent to marriages. Although parties in such relationships may have reciprocal obligations and duties in certain contexts, the court reiterates that divorce cannot be claimed in the absence of a recognized marriage under the law.
This decision raises important questions about the legal recognition and rights associated with live-in relationships. As society continues to evolve, it remains to be seen whether lawmakers will address this issue by introducing specific legislation to regulate and protect the rights of individuals in live-in relationships. Until then, couples must be aware of the legal implications of their choices and seek appropriate legal advice if they wish to secure the legal benefits and protections that marriage provides.
