While rejecting a man’s appeal for obtaining custody of a child born from a live-in relationship, the high court of Chhattisgarh has recently announced, that “live-in relationships are against expectations of traditional beliefs”.
Talking about the concept of Live-in relationship, a division bench of Justice Goutam Bhaduri and Justice Sanjay S Agrawal has observed that a concept of live-in relationship continues as a stigma in Indian culture, and it goes against traditional Indian beliefs. “Continues as a stigma in Indian culture as it goes against traditional Indian beliefs.”- Chhattisgarh HC.
Later elaborating on their point, high court further opined that it’s an imported philosophy, which is contrary to Indian tenets. “It is an imported philosophy contrary to the general expectations of Indian tenets.”
The High court further pointed out that regulations related to personal laws cannot be applied in a court unless they are validated and presented as customary practice.
What’s The Case All About?
A native to Dantewada, petitioner Abdul Hameed Siddiqui (43) had wanted a custody of his child born from his live-in relationship with his partner (36), who belonged to a different faith.
When he approached the family court, his plea got turned down in December 2023. Later, he appealed to HC.
As per Siddiqui, the couple lived together for three years before getting married in 2021.
He further claimed that the marriage was conducted in accordance with Muslim customs.
Later, he argued that as per muslim law, he has the right to marry multiple times. Thereby, his second marriage is legal. He also claimed that he could take care of his child.
However, the women appearing with her parents said she has chosen to stay with her parents. And she opposes the custody claim of the petitioner.
Subsequently, the court scrutinized the discrepancies in the petitioner’s statements regarding the legality of marriage under the Special Marriage Act, given that he was already married with three children and a wife.