The Supreme Court, in a significant ruling has observed that illegitimate child of couple cohabiting for long without marriage will be entitled to have a share in father's property.
The Division Bench Justice S ABdul Nazeer and Justice Vikram Nath based the above observation on the fact that it is well settled that if a man and a woman live together for long years, a strong presumption runs in favour of wedlock.
The Court also noted that althogh the presumption is rebuttable, a heavy burden lies on him who seek to deprive the relationship of legal origin to prove that no marriage took place.
Stating that such a presumption could be drawn under Section 114 of the Evidence Act, the Court cited catena of judgements supporting the fact that long cohabition of man and woman falls akin to marriage.
It mentioned Badri Prasad Vs. Dy. Directorof Consolidation & Ors, 1978 Latest Caselaw 119 SC wherein it was observed that a strong presumption arises in favour of wedlock where two partners have lived together for long spell as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seek to deprive the relationship of legal origin. Law leans in favour of legitimacy and frowns upon the bastardy.
Other judgements, on similar lines were also referred to including S.P.S. Balasubramanyam Vs. Suruttayan, 1993 Latest Caselaw 430 SC, Madan Mohan Singh & Ors. Vs. Rajni Kant & ANR., 2010 Latest Caselaw 573 SC
The Court in view of the above has allowed the appeal filed by plaintiff to a property suit who claimed his share in ancestral property of his father (Damodaran) with contention that is mother was married to the man.
According to the plaintiffs, his parent married in th year 1940. However, there is no direct evidence of their marriage.
The High Court in the impugned order observed that there is no evidence to establish the long cohabitation between the father and the mother of the first plaintiff and the documents only proved that the first plaintiff is the son of Damodaran, but not a legitimate son, thereby denied partition of the property.
The Court analysing the facts and evidences as of the view that documents, coupled with the evidence would show the long duration of cohabitation between Damodaran and Chiruthakutty as husband and wife. It also opined that the defendants have failed to rebut the presumption in favour of a marriage between Damodaran and Chiruthakutty on account of their long cohabitation.
Case Title: KATTUKANDI EDATHIL KRISHNAN & ANR vs KATTUKANDI EDATHIL VALSAN & ORS.
Case Details: CIVIL APPEAL NO(S). 64066407 OF 2010
Coram: Justice S ABdul Nazeer and Justice Vikram Nath
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