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  • She Says

Supreme Court Rules Live-In Relationships’ Rules

  • JWB Post
  •  April 13, 2015

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.

Despite the woman failing to prove that she was legally wedded, the court presumed that she was the legal wife after family members admitted that his grandfather had a relationship with the woman who was living with them in the joint family. The bench said:

Where a man and woman are proved to have lived together as husband and wife, the law will presume, unless the contrary is clearly proved, that they were living together in consequence of a valid marriage, and not in a state of concubinage.

Another important clarification on live-in relationships was when the Supreme Court has said that if a man and woman “lived like husband and wife” for a long period and had children, the judiciary would presume that the two were married.

However, while these two rulings give a progressive bend in favor of women, the Supreme Court failed to recognize the rape occurred during live-in relationships under the marital law. The reason is the high number of false claims made by women as a measure of revenge against their partners. Is it another reminder for us women to take empowerment as a matter of the utter responsibility?

Source: TOI



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