Men Rights India

Fight against Legal Terrorism

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » Marriage » Lack of legal wedding no bar for ‘live-in’ woman to claim property rights after ‘husband’s’ death

Lack of legal wedding no bar for ‘live-in’ woman to claim property rights after ‘husband’s’ death

14 Apr 2015 By videv Leave a Comment

Supreme court has judged a woman cohabiting with a man for a long duration and living with him in the nature of wife is entitled to property rights after his death, like a wife would be.

šŸ‘‰(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act šŸ‘ˆ

A bench of Justice MY Eqbal and Justice Amitava Roy said continuous cohabitation of a couple would raise the presumption of valid marriage and it would be for the opposite party to prove that they were not legally married.

ā€œIt is well settled that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a long time. However, the presumption can be rebutted by leading unimpeachable evidence. A heavy burden lies on a party who seeks to deprive the relationship of legal origin,ā€ the bench said.

I haven’t read full judgment, but I really doubt that any new legal concept is being introduced here.  The SC judgment itself says ā€œIt is well settled that the law presumes in favour of marriage and against concubinageā€¦ā€.  If SC says that it is a well-settled principle of law, then it can’t be true at the same time that this judgment has introduced any brand new legal concept, or it can be termed a ā€˜landmark’ judgment as is being mentioned in news reports.

Is a 20 years relationship a live-in relationship?

A clarification is in order in this age of instant news bytes where the news headlines are proclaiming that a couple living together will presumed to be married from now onwards.  The SC judgment says that the said woman was living with the man for 20 years after death of the legal wife of man.

The court passed the order in a property dispute where family members contested that their grandfather, who was living with a woman for 20 years after his wife’s death, was not legally wedded to the woman and she was not entitled to inherit the property after his death. They contended that she was their grandfather’s mistress.

A 20 years relationship is It is NOT what people usually think when they hear the words ā€œlive-in relationshipā€, which term is usually thought of relationships in the variety of Virat Kohli and Anushka Sharma relationship.  If the news headlines are taken at face value, will it then mean that Virat Kohli and Anushka Sharma can be considered as married?  If so, what is the length of live-in relationship which will convert into a married relationship: 2 months, 6 months, 2 years?

Actually the Supreme Court has already given a major judgment in Oct 2010 related to this question, which was to decide on benefits to woman in live-in relationship under DV Act, which I had summarily blogged about earlier, but now updated it with full judgment at link below.

Live-in like wife, not mistress, to get benefits under DV Act – says Supreme Court

The key part from above judgment is given below:


(a) The couple must hold themselves out to society as being akin to spouses.

(b) They must be of legal age to marry.

(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.

READ:  Warnings for foreigners marrying Indian women

(d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.
(see `Common Law Marriage’ in Wikipedia on Google) In our opinion a `relationship in the nature of marriage’ under the 2005 Act must also fulfil the above requirements, and in addition the parties must have lived together in a `shared household’ as defined in Section 2(s) of the Act. Merely spending weekends together or a one night stand would not make it a `domestic relationship’.

34. In our opinion not all live in relationships will amount to a relationship in the nature of marriage to get the benefit of the Act of 2005. To get such benefit the conditions mentioned by us above must be satisfied, and this has to be proved by evidence. If a man has a `keep’ whom he maintains financially and uses mainly for sexual purpose and/or as a servant it would not, in our opinion, be a relationship in the nature of marriage’


 

So taking above into view, unlike what the news headlines are saying, a couple in a 6 months to 1 year live-in relationship will not be considered as married, but only when conditions like above are satisfied.  It is just a case of instant (but bad) reporting by media.

Questions about this Article?

Ask in Telegram Group Men Rights India Q&A  (Also include link to this Article when you post question)

šŸ‘‰Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony

Related Posts

  1. Live-in like wife, not mistress, to get benefits under DV Act – says Supreme Court

Filed Under: Marriage Tagged With: live-in, SC Judgment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines:

šŸ‘‰Kannada/ Hindi/ English: Call Sharath +919738010456
šŸ‘‰Free guidance (10-15 min)
šŸ‘‰Paid Guidance (For 30 min or more), click to pay

Join our WhatsApp/Facebook groups

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India


Take Quizzes to test your legal knowledge!

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


šŸ‘‰(Read Online eBook)šŸ‘ˆ
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Contribute via UPI: videv@upi / videv@icici / videv@paytm

Today’s Popular Posts

  • How to fight false cases of DV, maintenance, CrPC…
  • Procedure of CAW (Crime against women) cell,…
  • How to handle allegation of impotence by wife
  • Basic Cross-examination techniques in matrimonial…
  • How to complain against judges of trial courts, High…
  • Email addresses of prominent journalists and newspapers
  • IPC 498A bare act
  • Advice to men on 498a, maintenance, DV, divorce,…
  • Guidelines of WhatsApp and Facebook group and sessions
  • About the book: How to Fight and Reduce Maintenance…

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

Will feminists ask for equal opportunities in such deadly jobs?

11 May 2010 By videv Leave a Comment

NCW is helping itself with taxpayer money, but just not helping women

31 Mar 2010 By videv Leave a Comment

Ambala, Haryana court denies interim maintenance under DV Act to woman who left child with husband

22 Nov 2015 By videv 7 Comments

Gujarat HC allows examining account books of wife’s employer in maintenance case

19 Mar 2015 By videv 3 Comments

FIR against wife for alleged bid to extort money from husband by threat of false dowry 498A case

15 Apr 2015 By videv 21 Comments

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • Rajesh on Advice to women on IPC 498a, DV case, maintenance, divorce etc.
  • DHAVAL JOAHI on Visitation rights – 1
  • videv on Procedure of CAW (Crime against women) cell, counselling/mediation etc
  • videv on Complaint against male abuse in Asian Paints Damp Proof advertisement -advertiser advised by ASCI to modify or remove it
  • Gurpreet Singh on Procedure of CAW (Crime against women) cell, counselling/mediation etc

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts