Delhi Child Born In Live-in Relationship Right Over Family Property Supreme Court Ordered

Supreme Court: The Supreme Court has ruled, setting aside an...

Supreme Court: The Supreme Court has ruled, setting aside an order of the Kerala High Court. The ‘illegitimate’ children of a couple who have been together for a long time without getting married can also get a share of the family property. The top court was considering a petition filed against a High Court order in which the plaintiff’s parents had rejected the claim of property share of an alleged illegitimate child on the grounds that they did not attend the marriage.

Child has full right on father’s property
However, observing that the couple had been living together for a long time, the top court observed that their relationship is tantamount to a marriage. The Supreme Court said that both of them may not have been married, but both have lived together like husband and wife for a long time. In such a situation, if it is proved that the child belongs to both of them, then the child has full right on the property of the father. The bench, in its judgment, clarified, “It is well established that if a man and a woman have lived together as husband and wife for a long period of time, then it will be treated as marriage.” The bench made it clear that such an inference can be made under section 114 of the Evidence Act.

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Did mention of section 114
In its order, the top court said, “It is well settled that if a man and a woman live together as husband and wife for a long time, there will be a presumption in favor of the marriage. Section 114 of the Evidence Act.” Under such inference can be made.”

What did the court say?
It also said that the trial court, on examination of the evidence on record, had observed that the couple Damodaran and Chiruthakutty were living together for a long time. According to the plaintiffs, Damodaran married Chiruthakutty in 1940. However, there is no direct evidence of their marriage. The first Vadi Krishnan was born in the year 1942. Justice S. Abdul Nazeer and Justice Vikram Nath said, “The documents produced by the plaintiffs were in existence long before the dispute arose between the parties. These documents along with the evidence were in the relationship between Damodaran and Chiruthkutty of husband and wife. as indicating a period of long coexistence.” The court also referred to its earlier order, which held that “law favors legality”.

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