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Sunday, September 3, 2017

Live in Relationship (Judgments) 1.Bharatha Matha v/s R. Vijaya Renganathan - Child born out of live in relationship may be allowed inheritance property of parents.

Live in Relationship (Judgments)
1.Bharatha Matha v/s R. Vijaya Renganathan - Child born out of live in relationship may be allowed inheritance property of parents.
2.Abhijit Bhikaseth Auti v/s State of Maharashtra - Long period live in relationship woman should enjoy legal status of wife
3.D. Veluswami v/s D. Patchaimmal - it is necessary that couple must hold themselves out to society as being akin to spouses
4.Alok Kumar v/s State - live in relationship is a walk in and walk out relationship 5.Badri Prasad v/s Dy. Director of Consolidation - Recognized live in relationship as a valid marriage.
6.Mohabbat Ali Khan v/s Muhammad Ibrahim Khan - law presumes living together in consequences of a valid marriage D.Velusamy v/s D.Patchaiammal
7.Lata Singh v State of UP - recognized a live in relationship
8.SPS Bala subramanyam v Sruttayan : If a man and woman are living under the same roof and cohabiting for a number of years, there will be presumption under Section 114 of the Evidence Act that they live as husband and wife and the children born to them will not be illegitimate
9.Tulsa and ors. v Durghatiya and ors: Held that when a man and a woman have cohabited for a long period of time they will be considered to be married unless there is an evidence to the contrary .This judgement illustrates the courts attempt to treat a live in similarly to marriage 10.Madan Mohan Singh & Ors v Rajni Kant : “Live-in relationship’ is a walk-in and walk-out relationship. There are no strings attached to this relationship, neither this relationship creates any legal bond between the parties. It is a contract of living together which is renewed every day by the parties and can be terminated by either of the parties without consent of the other party and one party can walk out at will at any time.
11.Savitaben Somabhai Bhatiya v State of Gujarat : Made an exception where the live in partner who had assumed the role of second wife was not granted any maintenance whereas the child was granted maintenance.
12. Captain Ramesh Chander Kaushal v Mrs.Veen Kaushal : The right to maintenance is condition to the fatherhood of the child being established.
13. Dimple Gupta v Rajiv Gupta : maintenance under Section 125 of the CrPC for illegitimate child born out of an illicit relationship
14.Vidyadhari v Sukhrana Bai : Supreme Court passed a landmark judgement wherein the Court granted inheritance to the children born from the live in relationship in question and ascribed them the status of “legal heirs”. 15.Revanasiddappa v Mallikarjun : The question raised in this cases was whether the children of void/voidable marriages have a right to only the self- acquired property of their parents? Since, there is no attempt to marry, theoretically it is often argued that live in relationships should not be granted any form of legitimacy in the eyes of law and the children born out of such sexual unions cannot be provided with any inheritance rights. However, in such a situation the Courts have exercised the authority vested in them and interpreted the statutes in a broader manner to ensure that the children do not suffer as a result of the wrongs of their parents and consequently face problems in their economic as well as social life. Apart from the presumption of marriage in case of existence of such relations for a reasonable period of time, the Court have adopted a liberal approach towards the inheritance rights of children specifically.

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