DHAKA: After legitimating ‘Live-Together’ Indian Supreme Court validate birth of live-in couple on Thursday, reports the India Today.
They said there, ‘if a man and a woman are "living together for a long time as husband and wife, there would be a presumption of marriage" and their "children could not be called to be illegitimate" the Supreme Court has clarified in a ruling recently’.
Mentioning a bench of Justices B.S. Chauhan and J. Chelameswar issued the clarification on Monday on a petition by advocate Uday Gupta, questioning certain observations made by the Madras High Court while dealing with the issue of live-in relationships the SC validate live-in together couple`s children.
"We are of the view that such observations had been made in the facts of that case," the bench observes, adding, the HC judge wanted to say that "if a man and woman are living together for a long time as husband and wife, though never married, there would be a presumption of marriage and their children could not be called to be illegitimate".
"The courts have consistently held that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a number of years. However, such presumption can be rebutted by leading unimpeachable evidence," the SC observes further.
BDST: 1544 HRS, APR 25, 2014