Chhattisgarh HC Deems Live-in Relationships “Imported” and Stigmatized in Indian Culture

In a recent ruling dismissing a man’s appeal for custody of a child born from a live-in relationship, a bench comprising Justice Goutam Bhaduri and Justice Sanjay S Agrawal emphasized the societal preference for such arrangements over marriage, citing convenience as a driving factor.

The court noted the absence of security, social acceptance, progress, and stability typically associated with marriage in live-in relationships. It attributed the rise of live-in relationships to cultural influences from Western countries, suggesting a shift away from traditional matrimonial norms.

The petitioner, Abdul Hameed Siddiqui, sought custody of a child born from his three-year live-in relationship with Kavita Gupta. Despite marrying Gupta in 2021 without conversion, Siddiqui’s plea for custody was rejected by a Dantewada family court in 2023. Dissatisfied with the ruling, Siddiqui appealed to the High Court.

Siddiqui’s contention was rooted in his assertion of legal guardianship over the child, citing his adherence to the Mahomedan law, which permits multiple marriages. His lawyer argued the legality of his marriage under the Special Marriage Act, 1954, and his entitlement to custody of the child.

In response, Gupta disputed the validity of Siddiqui’s claim, highlighting the prohibition of second marriages under certain circumstances within Islamic law. The bench concurred with Gupta’s stance, stating that provisions regarding multiple marriages under Muslim personal law cannot be invoked in court without proper pleading and substantiation.