HC on Not Solemnised Wedding: Couple Living Together Under 'Marriage Agreement' Not Husband and Wife, Says Kerala High Court; Acquits Man and His Family in Cruelty Case

The court said there would be no prosecution under section 498A IPC as both the parties were living together as husband and wife, based on a marriage agreement and their marriage was not solemnised.

Representational Image (Needpix)

The Kerala High Court recently said that a couple living together under the "Marriage Agreement" are not husband and wife. The court made the observation while acquitting a man and his family who were convicted under Section 498A of the Indian Penal Code (IPC) for cruelty against a deceased woman. The court said there would be no prosecution under section 498A IPC as both the parties were living together as husband and wife, based on a marriage agreement and their marriage was not solemnised. "In the case on hand, since the marriage between the 1st revision petitioner and deceased Chandrika was not solemnised, and they started living together on the basis of a marriage agreement, which has no legal sanctity in the eye of law, they have to be treated as persons in live-in-relation," Justice Sophy Thomas said. Judges Are Not Gods, Litigants Need Not Argue With Tears, Folded Hands, Says Kerala High Court.

HC on Couple Living Together

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