High Court Rules Live-in Relationships Not Eligible for Divorce, Family Court Lacks Jurisdiction: Landmark Judgment

In a landmark judgment, the High Court of Kerala has ruled that live-in relationships do not qualify for divorce and stated that the Family Court lacks jurisdiction to entertain such claims. The Honorable Mr. Justice A. Muhamed Mustaque and the Honorable Mrs. Justice Sophy Thomas delivered the judgment on June 8, 2023, emphasizing that marriage must be solemnized in accordance with personal or secular laws to be recognized for divorce purposes.

The court asserted, "The law recognizes divorce as a means of separating a legal marriage. 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 recognizes or allows the parties to divorce if they are married in accordance with the recognized form of marriage applicable as per the personal law or secular law." The judgment further clarified that registration of a relationship alone is not sufficient to establish a legal marriage eligible for divorce.

Furthermore, the High Court concluded that the Family Court does not possess jurisdiction to entertain claims for divorce in cases where the marriage is not legally recognized. The court highlighted that the Family Court Act applies exclusively to marriages recognized by law and does not extend to contracts or agreements of marriage. Consequently, the petition for divorce was declared as not maintainable, and the Family Court was directed to return the petition.

Date of Decision: June 8, 2023

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