Children born outside wedlock are eligible to get family property: SC

Setting aside a Kerala High Court order, the Supreme Court has ruled that the illegitimate children of a couple living together for a long time without getting married can have a share of the family property.

The apex court was dealing with a plea filed against the high court order that denied the property share claim of an alleged illegitimate child citing the parents of the plaintiff did not engage in marriage.

However, observing that the couple was living together for a long time, the top court noted that their relationship is as good as marriage.

“It is well settled that if a man and a woman live together for long years as husband and wife, there would be a presumption in favour of wedlock.

Such a presumption could be drawn under Section 114 of the Evidence Act. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin to prove that no marriage took place,” it said.

It also said that Trial Court on examination of the evidence on record held that the couple Damodaranand Chiruthakutty was cohabiting for a long time. According to plaintiffs, Damodaran married Chiruthakutty in 1940. However, there is no direct evidence of their marriage. The first plaintiff Krishnan was born in the year 1942. “The documents produced by plaintiffs were in existence long before controversy arose between parties. These documents, coupled with evidence would show long duration of cohabitation between the couple as husband and wife,” stated the order.