Post on 18-Nov-2015
Embed Size (px)
LIVE IN RELATIONSHIPS : MAY PRESUME( S.4 R/W S. 114 OF IEA,1872)
WHAT IS PRESUMPTION?: Latin term presumptio: Dr. TT Thomas v. Elisa case( May presume)
WHAT IS LIVE IN RELATIONSHIP?
D Veluswamy Vs D Patchaiammal domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage,
Section 114, Indian Evidence Act, 1872, lays down that where independent evidence of solemnization of marriage is not available, it will be presumed to be a valid marriage by continuous cohabitation between the parties unless the contrary is proved.
Case study on :
MADAN MOHAN SINGH &Ors. V/SRAJNIKANT AND Anr., 2010
Facts :respondents in appeal, RajniKant and Anjani Kumar claimed themselves to be the sons of said Chandra Deo Singh filed objections under Section 9A(2) of U.P. Consolidation of Holdings Act, 1953(hereinafter referred to as `Consolidation Act') they asked for inclusion of their names as his heirs.
8.11.2000 : C.O added names of resp.16.12.2001:S.O. dismissed appeal15.3.2003 : revision dismissed14.8.2003 : W.P dismissedNow appeal in SC
Issues :Q. Whether A live in relationship if continued for a longtime be termed as "walk in and walkout" relationship and there is presumption of marriage under Section 114 Q.Whether children born from long live in relationship, where parents started living as husband and wife than giving rise to presumption of marriage, On failure to rebute suchpresumption, inclusion of names of such children as heir of Khatedar be proper.
nothing on record to show that appellants' father got married with the mother of the respondents Smt. Shakuntala in accordance with law.
the respondents were born prior to having started live-in-relationship between Chandra Deo Singh and said Smt. Shakuntala as is evident from the School Register and School leaving certificate
Their relationship as husband and wife had been accepted by the Society as well as the family members.
In many official documents, name of Chandra Deo Singh has been shown as the father of the respondents.
Judgement -Chandra Deo Singh was having relationship with Smt. Shakuntala for long time;After the death of his wife Son barsa in 1945, Chandra Deo Singh had live-in-relationship with Smt. Shakuntala and started living as husbandand wife;Their relationship continued till the death of Chandra Deo Singh on 31.12.1979and therefore, they lived together as husband and wife for a long period;The respondents and other four daughters were born out of this relationshipbetween Chandra Deo Singh and Smt. Shakuntala; andTheir relationship as husband and wife had been accepted not only by the Societybut also by the family members. S.P.S. Balasubramanyam v. Suruttayan @ Andali Padayachi and Ors law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a number of years. However, such presumption can be rebutted by leading unimpeachable evidence
Decision: The appeal is dismissed. No cost.