Supreme Court gives clarification on live-in relationships
April 23, 2014 - New Delhi
The Supreme Court of India has given an important clarification on live-in relations.
A Division Bench of justices BS Chauhan and Justice J Chelameswar on Monday issued the clarification on live-in relations. Dealing with a petition filed by advocate Uday Gupta, who had questioned certain sweeping observations made by Madras High Court while dealing with the issue of live-in relations said that children born out of prolonged live-in relations could not be termed illegitimate.
The advocate challenged the observation of the Madras High Court that 'a valid marriage does not necessarily mean that all the customary rights pertaining to the married couple are to be followed and subsequently solemnised'.
The Division Bench went through the judgment and said that the High Court observations could not be construed as a precedent for other cases and would be confined to the case in which these were made. Justices said 'in fact, what the High Court wanted to say is that if a man and woman are living together for a long time as husband and wife, though never married. There would be a presumption of marriage and their children could not be called to be illegitimate'.