The Kerala High Court has recently said that a couple living in a live-in relationship cannot claim that they are legally wedded husband and wife. Couple living in live in relationship cannot seek divorce from the court claiming to be married. The court has said that the law does not recognize a live-in relationship as a marriage. The law recognizes a marriage only when the marriage is solemnized under a personal law or a special marriage act. If the couple decides to live together on the basis of an agreement then this decision of the couples to live together cannot be considered as marriage. The couple cannot be presumed to have married on the basis of living together in the form of live in relationship. The couple cannot seek divorce from the court on the basis of live in relationship. A couple living together as a live in relationship can seek divorce from the court only if the couple is married in a form valid for marriage.,Marriage as a social institution is valid in law only when it reflects the social and moral ideals to be followed in the larger society. A contract made by two persons to live together is not a marriage and a marriage made on the basis of a contract is not valid in the eyes of law for the purpose of divorce. As per the case two persons one is Hindu and one is Christian both were living together since 2006 after a registered agreement both have a child. He had sought divorce by filing a petition in the Family Court for mutual divorce under the Special Marriage Act. Family Court dismisses plea filed by couple saying they didn't get married under Special Marriage Act.The couple challenged the decision of the Family Court to dismiss the petition in the High Court.Hearing which the High Court did not accept the order of the Family Court as correct, the High Court said that the petition was not eligible to be heard by the Family Court. A division bench of Justice Mohammad Mustaq and Justice Sophie Thomas, while hearing the matter, said that does not consider a live-in relationship as a marriage if two persons decide to live together on the basis of a contract, their decision to live together does not entitle them to claim marriage and seek divorce. Divorce can be sought legally only if the couple is legally married. Referring to the law relating to divorce, the court said that the law allows a couple to divorce only if the couple is married in some legally recognized form. The bench said that the Family Court can consider recognized marriages and divorces.The matter claimed by the couple is outside the jurisdiction of the Family Court.The court said that the family court should not have dismissed the petition filed by the couple on the ground that the couple was not married under the Special Marriage Act. The Family Court should have said that the petition is not maintainable. The bench ordered the withdrawal of the petition and asked the couple to find a solution to their problem elsewhere..
