LAW RESOURCE INDIA

Kids born out of live-in tie not illegitimate: Supreme Court

Posted in UNCATEGORIZED by NNLRJ INDIA on August 17, 2010

By Rakesh Bhatnagar | Place: New Delhi | Agency: DNA

Adding a new dimension to the vibrant debate on legality of a ‘live in’ relationship and legitimacy of children born out of such tie, the Supreme Court has ruled that such kids are not illegitimate. The Apex Court has also held that these children have a right to inherit the properties left behind by any of the partners in such relationship.“If a man and a woman are living under the same roof and cohabiting for a number of years, there will be a presumption under Section 114 of the Evidence Act that they live as husband and wife and the children born to them will not be illegitimate,” said a bench of Justices P Sathasivam and BS Chauhan on Friday. The bench said the law presumes in favour of marriage and against concubine.

Earlier, Delhi high court had said that the alliance is like “walk- in and walk-out without strings attached to it.’’ But the Supreme Court has held that the relationship is presumed to be marriage in the eye of law if the partners keep the bonding alive for a long time.The judgment that may have a strong bearing on several petitions raising the dispute on legitimacy of children born out of the live-in association among others was delivered in an appeal filed by one Madan Mohan Singh, challenging the judgments of Allahabad High Court and the two land consolidation tribunals which had allowed the right on the estate left behind by one Chandra Deo Singh, to the two sons and four daughters of Chandra Deo. Madan Mohan said he solely inherits the property left behind by Chandra Deo, but Rajni Kant, his brother Anjani Kumar and four sisters contested the claim by saying since they were born out of the decade-long live-in relationship between Chandra Deo and their mother Shakuntala, they were the inheritors of the landed property.

http://www.dnaindia.com/india/report_kids-born-out-of-live-in-tie-not-illegitimate-supreme-court_1424495

3 Responses

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  1. Venkatesh P. Dalwai said, on August 18, 2010 at 19:40

    It is total misreading of Apex court judgements. Legal position from last 50 years is if Man and women project themselves that they are husband and wife for seven years and lived togeather as husband and wife then presumption could be raised. However in Live-In- relationship there is no such presumtion attached. Both situations are completely different. Children born out of Void marraige are entitled to share in their parents property from the year 1955, when Hindu Marraige Law was enacted. Out of context reports and misquoting must be avoided which have greater consequence on society since many may not have advantage of reading entire judgements.

  2. waroeng jack said, on August 20, 2010 at 19:09

    nice post

  3. Swati Malik said, on August 21, 2010 at 12:40

    Its a nice step taken by the apex court and will be helpful to such children who are unacceptale in society without any fault of their own. Moreover it is most suited to present scenario and a visioned decision to upcoming times when such relations are booming at such a fast rate and helpful in reducing the plight of unmarried mothers who are often left by their partners to bear the burden of the child alone. i think such a decision should be welcomed and can be considered as ahead of time approach by the S.C.


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