LIVE IN

RELATIONSHIP
S : MAY
PRESUME( S.4
R/W S. 114 OF
IEA,1872)

WHAT IS PRESUMPTION?
: Latin term presumptio
: Dr. TT Thomas v. Elisa
case( May presume)

WHAT IS LIVE IN RELATIONSHIP?

D Veluswamy Vs D
Patchaiammal domestic
relationship means a
relationship between two
persons who live or have, at any
point of time, lived together in a
shared household, when they
are related by consanguinity,
marriage, or through a
relationship in the nature of
marriage,

Section 114, Indian Evidence

Act, 1872, lays down that where
independent evidence of
solemnization of marriage is not
available, it will be presumed to

Case study on :
MADAN MOHAN SINGH
&Ors.
V/S
RAJNIKANT AND Anr.,
2010
Facts :

respondents in appeal, RajniKant and

Anjani Kumar claimed themselves to
be the sons of said Chandra Deo
Singh
filed objections under Section 9A(2)
of U.P. Consolidation of Holdings Act,
1953(hereinafter referred to as
`Consolidation Act')
they asked for inclusion of their

8.11.2000 : C.O added names of resp

16.12.2001:S.O. dismissed appeal
15.3.2003 : revision dismissed
14.8.2003 : W.P dismissed
Now appeal in SC

Issues :

Q. Whether A live in relationship if continued for a l

time be termed as "walk in and walkout" relationshi
there is presumption of marriage under Section 11

Q.Whether children born from long live in relations

where parents started living as husband and wife t
giving rise to presumption of marriage, On failure t
rebute suchpresumption, inclusion of names of suc
children as heir of Khatedar be proper.

App. Contentions:
nothing on record to show that
appellants' father got married with
the mother of the respondents
Smt. Shakuntala in accordance
with law.
the respondents were born prior to
having started live-in-relationship
between Chandra Deo Singh and
said Smt. Shakuntala as is evident
from the School Register and
School leaving certificate
Respondents contention:
Their relationship as husband and
wife had been accepted by the
Society as well as the family
members.
In many official documents, name
of Chandra Deo Singh has been

Judgement Chandra Deo Singh was having relationship with Smt.

Shakuntala for long time;
After the death of his wife Son barsa in 1945, Chandra Deo
Singh had live-in-relationship with Smt. Shakuntala and
started living as husbandand wife;
Their relationship continued till the death of Chandra Deo
Singh on 31.12.1979and therefore, they lived together as
husband and wife for a long period;
The respondents and other four daughters were born out
of this relationshipbetween Chandra Deo Singh and Smt.
Shakuntala; and
Their relationship as husband and wife had been accepted
not only by the Societybut also by the family members.
S.P.S. Balasubramanyam v. Suruttayan @ Andali Padayachi
and Ors
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