Couple living together will be presumed married, Supreme Court rules

[prasad1]

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If an unmarried couple is living together as husband and wife, then they would be presumed to be legally married and the woman would be eligible to inherit the property after death of her partner, the Supreme Court has ruled.

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.

"It 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," the bench said.


The Supreme Court has since 2010 consistently ruled in favour of couples living together as husband and wife, giving the woman the right of a wife.

Couple living together will be presumed married, Supreme Court rules - The Times of India

So India is going to accept the common law couple, a legal marriage is not essential for social and economic reasons, even if the religion does not sanction it.

 

[renuka]

I thought per definition in some states in the US that a couple needs to co habit for at least 7 years together to be considered a common law spouse.

So what is it in India? How many years of cohabiting to be considered a common law spouse?

 

[tbs]

hi

why persumed......everything done WITHOUT MARRIAGE CERTIFICATE...children are born without BIRTH CERTIFICATES...any way

the main looser are LADIES......

 

[biswa]

Why are the loser's ladies? Usually they are the gainers in this common law wife scenario, since women have longer life spans than men.

 

[tbs]

Why are the loser's ladies? Usually they are the gainers in this common law wife scenario, since women have longer life spans than men.

hi

loser's means respect and IJJAT......in general character also....if they want to live together....get married OR CERTIFIED WIFE...

it is good for children....

 

[Raji Ram]

... So India is going to accept the common law couple, a legal marriage is not essential for social and economic reasons, even if the religion does not sanction it.

​Good solution for the 'kanjoos' parents, who don't wish to waste money on grand wedding for their children! eace:

 

[Raji Ram]

Hmmmm ... Effort by the government to reduce the number of b*****d children!! ( OMG! There are five stars! :faint2: )

And... women folk may be interested in the highlighted portion in the following quote:

If an unmarried couple is living together as husband and wife, then they would be presumed to be legally married and

the woman would be eligible to inherit the property after death of her partner, the Supreme Court has ruled.

opcorn:

 

[renuka]

Why are the loser's ladies? Usually they are the gainers in this common law wife scenario, since women have longer life spans than men.

Spot on!

 

[sarang]

I think this judgement will not hold and will be turned down by another bench in future. Unless marriage act is amended by parliament.

One lady was a companion for rajesh kahanna for 20 years, but her efforts to stake claim on the bungalow both lived were not successful. Perhaps he had not divorced his original wife dimple kapadia, and she separated accusing him of physical torture.

 

[renuka]

hi

loser's means respect and IJJAT......in general character also....if they want to live together....get married OR CERTIFIED WIFE...

it is good for children....

Izzat of a woman is only for a male to brag that his wife is pure and chaste....its purely a male's ego boost that he is married to a so called pure female!LOL

At the end of the day most females these days are freaking opportunist..that is they speak about empowerment non stop but when they get married they expect a husband to provide everything! Its a sly game they play.

Its like "my money is mine..but your money is only mine"scenario.

So the loser is always a male!LOL

 

[renuka]

Hmmmm ... Effort by the government to reduce the number of b*****d children!!

Dear RR ji,

The process of conception, in utero-development and birth of children born within the wed lock or out of the wed lock is the same..so I personally am not fond of the usage of the word B****D cos a child is a child no matter what.

God is in all children.

After all even Veda Vyasa was born of a union that did not involve marriage.

 

[talwan]

This arrangement should be applicable to all religions.Someone should not cite some 'Khap' panchayats or 'Fatwas' to come out of this situation when it suits them.

Alwan

 

[sarang]

Some feminists are already up against the judgement. They don't want to labeled as married even though they 'live in'. It does affect their freedom and ijjat. It is better to have different classification instead of clubbing all legal and illegal activities under one head. Children too may be given the right to choose their parents and allowed to reject biological parents. When individual right is considered supreme over that of society, anything may happen.

 

[Raji Ram]

......... 1. God is in all children.

2. After all even Veda Vyasa was born of a union that did not involve marriage.

Dear Renu,

1. Very true. But these live-in-together couples might produce children and abandon them later!

If so, who will be the parents of those children?

2. Oh! Don't quote stories from Mahabharat! Hundred children come from pots and six children by mantrAs!! :shocked:

 

[rishikesan]

Dear mrs Renuka, Your comments are too Good & True & I congratulate you for your openness even in this Topic Male ---- these days are enchanted with their Wives & he has no role in deciding. small or Big matters & he just Folllllowwwws her , What else one can expect . SEX rules

 

[renuka]

Dear mrs Renuka, Your comments are too Good & True & I congratulate you for your openness even in this Topic Male ---- these days are enchanted with their Wives & he has no role in deciding. small or Big matters & he just Folllllowwwws her , What else one can expect . SEX rules

Dear Sir,

I have noted that many family troubles are brought about becos people lack judgment.

I personally do not believe in Female or Male empowerment..I believe in equal partnership in any marriage or relationship that will benefit everyone finally.

A husband should not be hen pecked and neither should a wife be a door mat.

Its the best they deliberate in all matters pertaining to family and also in laws of both sides.

 

[JR]

God is in all children.

After all even Veda Vyasa was born of a union that did not involve marriage.

Dear Renuka,

I liked your above words. Even Budha graha (Mercury) the 'Vidyakaragan' was born out of wedlock.

 

[a-TB]

If a couple voluntarily live together and end up having a children that is provable then the couple should be deemed married.

 

[Raji Ram]

Even married couples decide to be DINKY.

I heard that there is one more group DINS. (S = S*X) !!!

P.S: For those innocent members here is a link: DINKY - Wikipedia

 

[sarang]

More and more dinky couples now queue in to fertility clinics. In two polyclinics here, more tha 60% of the evening crowd is dinkys with shorts, jeans, tops and back backs with soulful looks and dismayed countenance. Eye, skin, dentist and gp get a small share of the remaining patients.

Even married couples decide to be DINKY.

I heard that there is one more group DINS. (S = S*X) !!!

P.S: For those innocent members here is a link: DINKY - Wikipedia

 

[renuka]

More and more dinky couples now queue in to fertility clinics. In two polyclinics here, more tha 60% of the evening crowd is dinkys with shorts, jeans, tops and back backs with soulful looks and dismayed countenance. Eye, skin, dentist and gp get a small share of the remaining patients.

Some 3 weeks back I attended a talk on infertility and out here the male causes of infertility is getting higher.
Many couples are childless becos of male factors.

 

[prasad1]

Coming back to the topic.
Married or not the child has a biological Father and Mother. The "marriage" is meaningful in religious and judicial situation. As far as moral and sometimes financial consequence of having a child can not be ignored.
In most of the countries the biological(and adoptive) parents have financial stake in the child.

 

[tbs]

hi

ultimately the child is sufferer.......even though in poor families.....living with parents the children are more secured...