Live-in relationship can be called marriage if..: Supreme Court
Tuesday, June 14, 2022 • Tamil
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The Supreme Court of India has made its stand clear on the issue of inheritance in the context of a male offspring born to a present or formerly live-in couple. The court, in a two-judge bench verdict, said that such a live-in relationship would be presumed to be one of marriage.
"The law presumes in favour of marriage and against concubinage if a man and woman cohabited for a long period," the court said.
It added that the son born out of such a relationship cannot be denied the shares in the ancestral properties.
The presumption of marriage is not unquestionable or undeniable. It can definitely be rebutted but the burden rests on the person who is disputing such a marriage.
It has to be seen how the judgement will be interpreted in future disputes between formerly live-in couple and/or the legitimate spouse of one of the live-in individuals.
Live-in relationships have been a touchy issue over the decades, with one court opining in favour of according it legitimacy and another court not doing so.
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