The Supreme d on Monday Court ruled on Monday that a live-in-relationship, if continued for a long time, cannot be termed as `walk in and walk out' relationship and there is a prebetween the partners.: Days after the Delhi High Court held that a partner could “walk in and walk out“ of a live-in relationship, the Supreme Court has ruled to the contrary.
The bench held: “The live-inrelationship if continued for such a long time, cannot be termed in as “walk in and walk out“relationship and there is a presumption of marriage between them which the appellants failed to rebut.“
The bench dismissed an appeal filed by one Madan Mohan Singh from UP who had sought to reverse the Allahabad High Court judgment permitting the authorities to include the names of four children, born out of the live-in relationship, as legal heirs to the legacy of the petitioners' father.
After perusing the records and concurrent findings by the district authorities, the bench held the petitioners' father, Chandra Deo Singh, lived with his live-in partner, Shakuntala till his death on December 12, 1979. Their relationship, as husband and wife, had been accepted not only by the society but also by the family members.
Singh's children born out of the live-in relationship moved the authorities to include their names as legal heirs. The petitioner claimed there was nothing on record to show that Singh got married with Shakuntala in accordance with law. “At the most she could be Singh's concubine and, therefore, the respondents have no right to inherit any share in the land,“ the petitioner claimed.
The bench held: “The live-inrelationship if continued for such a long time, cannot be termed in as “walk in and walk out“relationship and there is a presumption of marriage between them which the appellants failed to rebut.“
The bench dismissed an appeal filed by one Madan Mohan Singh from UP who had sought to reverse the Allahabad High Court judgment permitting the authorities to include the names of four children, born out of the live-in relationship, as legal heirs to the legacy of the petitioners' father.
After perusing the records and concurrent findings by the district authorities, the bench held the petitioners' father, Chandra Deo Singh, lived with his live-in partner, Shakuntala till his death on December 12, 1979. Their relationship, as husband and wife, had been accepted not only by the society but also by the family members.
Singh's children born out of the live-in relationship moved the authorities to include their names as legal heirs. The petitioner claimed there was nothing on record to show that Singh got married with Shakuntala in accordance with law. “At the most she could be Singh's concubine and, therefore, the respondents have no right to inherit any share in the land,“ the petitioner claimed.
Source:- Bhadra Sinha Hindustan Times 17 th August Page No. 9 Delhi
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