Seperation advice needed

Dear Client,
While a live-in relationship lacks the legal status and automatic rights of marriage, Indian courts have recognized long-term live-in relationships and provided protections, especially for women and children. Women in live-in relationships can seek protection under the Protection of Women from Domestic Violence Act, 2005 and claim maintenance under Section 125 Cr. PC subject to certain conditions. Even children born out a couple in a long-term live-in relationship have a right to inherit their parents' property. The Supreme Court in the case of Badri Prasad v. Dy. Director of Consolidation stated that a live-in relationship between consenting adults is considered legal if the requirements of marriage like marriageable age, consent, and soundness of mind are met. The Supreme Court in both the judgments passed in the Badri Prasad v. Deputy Director Consolidation (1978) as well as in SPS Balasubramanian v. Suruttayan (1993), noted that if a man and a woman have resided together for a long duration of time, the legislation will assume them to be legally married unless the reverse is proven. Though there is a strong presumption which favours marriage, it is arbitrable. The person who contradicts the same will bear the burden of proof. In the year 2023, a Division Bench of the Kerala High Court has held that as the law is yet to recognise live-in relationships as marriage, couples living together cannot claim it as a marriage and seek divorce from a family court. The Bench, while disposing of an appeal filed by a couple in a live-in relationship, observed: ”the law is yet to recognise live-in relationships as marriage. The law accords recognition only if the marriage is solemnised in accordance with the personal law or in accordance with secular law like the Special Marriage Act. If the parties decide to live together by virtue of an agreement, that by itself will not qualify them to claim it as a marriage and claim divorce thereon. The law recognises divorce as a mean of separating a legal marriage. But that does not mean that such a relationship can be recognised for the purpose of divorce. Even, a couple in a live-in relationship cannot seek judicial separation in India because judicial separation is a legal remedy specifically for married couples. Judicial separation is a legal process that allows a married couple to live apart while remaining legally married, but it is not available for unmarried couples who are in a live-in relationship. Therefore, in view of the legal status of live-in relationship and averments of different Courts, it is recommended to consult with an Advocate specialising in matrimonial matters to understand your rights and remedies to navigate the issue effectively.