Introduction:

In a significant ruling, the Chhattisgarh High Court addresses the complexities surrounding live-in relationships within the Indian legal framework. The case involves Abdul Hameed Siddiqui’s appeal against the dismissal of his custody application for a child born out of a relationship with Kavita Gupta. The court’s observations shed light on the legal status of live-in relationships and interfaith marriages, emphasizing the need for clarity in such matters.

Arguments of Both Sides:

Abdul Hameed Siddiqui’s counsel argues that his client, governed by Muslim law, is entitled to perform a second marriage, making him the legal guardian of the child born from the relationship. However, Kavita Gupta contends that Siddiqui’s existing marriage renders the second marriage void under the Special Marriage Act, 1954, and thus, he cannot claim custody of the child.

Court’s Judgement:

The Chhattisgarh High Court dismisses Siddiqui’s appeal, highlighting the legal complexities surrounding his relationship with Gupta. The court emphasizes that the absence of pleading and proof regarding the validity of Siddiqui’s second marriage renders it void ab initio under the 1954 Act. Additionally, the court notes that living together without dissolving a previous marriage may constitute bigamy, as observed in a previous case. Ultimately, the court finds Siddiqui’s custody claim untenable and upholds the Family Court’s dismissal.