Live-In Relationships Chhattisgarh High Court Deems Live-In Relationships a Stigma in Indian Culture
In a recent judgment, the Chhattisgarh High Court remarked that live-in relationships remain a “stigma” in Indian culture as they contravene the traditional principles and expectations prevalent in the country. The Bench, comprising Justice Gautam Bhaduri and Justice Sanjay S Aggarwal, noted that indifference towards marital duties has led to the concept of live-in relationships, which do not provide the same level of security, social acceptance, progress, and stability that the institution of marriage offers.
The Court emphasized that it is far easier for a married individual to exit a live-in relationship, leaving the other party vulnerable, and hence it is the Court’s duty to protect individuals and any children born out of such relationships.
The Division Bench made these observations while dismissing Abdul Hameed Siddiqui’s appeal against the Family Court’s decision, which had rejected his application for the custody of his child.
High Court’s Observations
Initially, the Court objected to the appellant’s plea that he is entitled to a second marriage under Muslim Law. The Division Bench asserted that provisions related to a man having more than one wife under personal law cannot be invoked in any Court unless they are advocated for and proven.
The Court stated that there is no argument presented as to how the custom supports a second marriage of the same nature. Analyzing Article 13 of the Indian Constitution, the Court noted that unless a law is passed through ordinance, bye-law, rule, regulation, or notification, and has the force of law in Indian Territory through custom or usage, it cannot be considered in that form.
Referencing the Supreme Court’s decision in Ahmedabad Women’s Action Group vs Union of India (1997), the High Court noted that personal laws (Hindu law, Muslim law, and Christian law) do not fall under the definition of law as per Article 13.
The Court further elaborated that, in principle, as outlined in Muslim Law, marriage can occur between Muslims. However, since one of the parties (alleged wife/defendant) did not convert her religion in the present case, the Court remarked that it cannot be said that a live-in relationship can continue as if the marriage occurred under Muslim customs.
Also Read: Supreme Court Ruling: Hindu Women Must Possess Property to Claim Wholly Owned Status Under HUF
The Court also stated that when one party is Hindu and has not converted, according to the petition, it is an interfaith marriage, hence it would be governed by the Special Marriage Act, 1954. Citing Section 4 of the 1954 Act, the Court highlighted that for a marriage to occur under this Act, neither party should have a living spouse. In the immediate case, the appellant admitted that he had an existing wife, making such a marriage void from the beginning.
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The Court noted that the Punjab and Haryana High Court had rejected similar relationships in Reena Devi vs State of Punjab (2023 (PH) 234), observing that living with another woman without dissolving the first marriage could be considered bigamy under Sections 494 and 495 of the IPC.
In light of these observations and the contradictions in the plea seeking child custody, the Court found the plea unsubstantiated and upheld the Family Court’s decision to reject it.
Case Title: Abdul Hameed Siddiqui vs Kavita Gupta
The Court’s ruling reaffirms the legal and cultural challenges posed by live-in relationships in India and underscores the necessity for legislative clarity and judicial vigilance in addressing the complexities of personal laws and societal norms.
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