The Supreme Court set aside a judgement of the Kerala High Court, allowing child born of wedlock, to have right on family property.
On the 15th of June, the Apex Court, reviewed a petition filed by a Kerala person, challenging the HC order stating the illegitimate child has no right on property.
The SC judge said, a relation of couple living together for long is as pure as marriage and announced verdict. Notably, in 2009, the High Court of Kerala at Ernakulam which set aside the trial court order granting a share in the ancestral properties to heirs of a man who was born in a long relationship between a man and woman.
A bench of justices S Abdul Nazeer and Vikram Nath said, “It is well settled that if a man and a woman live together for long years as husband and wife, there would be a presumption in favour of wedlock. Such a presumption could be drawn under Section 114 of the Evidence Act,”
Referring to judgements, it said, “The law presumes in favour of marriage and against concubinage when a man and a woman have cohabited continuously for a number of years.”
Stay tuned for further updates.
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