SC: Long Cohabitation between man and woman raises a presumption of marriage

The Apex Court held that illegitimate children born out of live-in relationships are entitled to a share in their father's property

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The Apex Court, in a landmark ruling, observed that illegitimate children of unmarried couples that have been co-habiting for a prolonged period will be entitled to have a share in their father's property.

The Division Bench of Justices S Abdul Nazeer and Vikram Nath observed the same whilst concluding that if a man and woman have been cohabiting for a prolonged period, there is a strong and valid presumption of wedlock. Although such presumption is rebuttable, the burden lies on who seeks to prove the lack of marital ties.

The Bench stated that such presumption may be made by virtue of Section 114 of the Indian Evidence Act in addition to citing a plethora of cases that reaffirmed that long cohabitation of a man and woman can be equated to marriage.

Click to access the judgment

[Kattukandi Edathil Krihnan & Anr. v. Kattukandi Edathil Valsan & Ors, Civil Appeal No. 64066407 of 2010]

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