Wednesday, August 18, 2010

SUPREME COURT RULES THAT THERE IS A PRESUMPTION OF MARRIAGE BETWEEN THOSE WHO ARE IN LIVE-IN RELATIONSHIP FOR A LONG TIME:

The Supreme Court in its ruling on the live-in relationship has ruled that there is a presumption of marriage between those who are in live-in relationship for a long time and this cannot be termed as 'walking-in and walking-out' relationship.


A bench comprising Justices P Sathasivam and Dr B S Chauhan, gave the ruling while dismissing an appeal in a property dispute.

The case pertains to the property of Chandra Deo Singh who was in jail from 1945 to 1947.

Singh, whose first wife died in 1945, had live-in relationship with another woman Shakuntala, till his death on December 31, 1979.

All the lower courts ruled in favour of the children born out of this live-in relationship.


Mr Madan Mohan Singh, who is his son by the first wife and others, challenged the judgement of Allahabad High Court on the grounds that Shakuntala was not formally married to their late father.

Justice Chauhan, in his judgement for the bench noted 'The live-in relationship if continued for such a long time cannot be termed in as 'walk in and walkout' relationship and there is a presumption of marriage between them which the appellant failed to rebut'.

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