Posted On by &filed under Bar, Bench & Firm News, Court, Judiciary & Legal System, Top Law News.


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 Roylive in 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.


Leave a Reply

2 Comments on "Couple living together will be presumed married: SC"

Notify of
avatar
Sort by:   newest | oldest | most voted
ajay pathak
Guest

my question is apex court and law provide inherit power to woman so ” why women always inherit the “assets” but not liabilities/debts?”

mili
Guest

will this law help Anita Advani staying as live-in partner of film star Rajesh Khanna ???

wpDiscuz