Kerala High Court rejects divorce plea of live-in couple

The High Court said the family court has no jurisdiction to entertain such a claim for divorce as it was made to resolve disputes related to marriage and family affairs. “The parties are given the liberty to work out their remedy elsewhere,” the court told the petitioners.

The court said, “The marriage referred to in the preamble of the Family Court Act only denotes marriage as recognised by the law. Any marriage entered into between the parties through a contract has, so far, not got any recognition under law for the purpose of granting divorce.”

The court said marriage as a social institution, as affirmed and recognised in legislation, reflects the social and moral ideals followed in the larger society. “The law is yet to recognise live-in relationships as marriage. The law accords recognition only if the marriage is solemnised in accordance with personal law or in accordance with secular law like the Special Marriage Act. If the parties decide to live together by virtue of an agreement, that by itself will not qualify them to claim it as a marriage and claim divorce thereon.”

The court said the law recognises divorce as a means of separating a legal marriage. “There may be a situation where the relationship qualifies for creation of reciprocal obligation or duties elsewhere. But that does not mean that such a relationship can be recognised for the purpose of divorce. Law relating to divorce is peculiar in our country and customised through legislation. The extra-judicial divorce followed in some communities also got recognition through statutory laws. All other forms of divorce are of statutory nature. The statute only recognises or allows the parties to seek divorce if they are married in accordance with the recognised form of marriage,” said the judge.