January 7, 2015

Doubtful SC view-Children of Live in Relation -Not entitled to share in Ancestral Property -Can claim share in Self Acquired property

Above view is based on Supreme Court Judgement in case of Bharatha Matha versus R. Vijaya reported in 2010(6) SCALE 53

In my view, above view is not correctly decided as the effect on society of new Live in Relationship trends in not examined and argued.

The judgement is based on perspective of rights of "Illegitimate Children".

But when Live in Relationships are not violative of law, their Children cannot be termed as "Illegitimate"

This view may be right when one spouse is already married to someone else and living illegitimately with some one else, but this view may not be correct for other truly live in marriages.

The proposition of law need to be rechecked in some relevant cases.

Haresh Raichura
6/1/15


Copyright : Haresh Raichura 2014. All Rights reserved.