Long cohabitation of couples is presumption of marriage, says SC.
Subramanya and Tilaga stayed together
without a valid marriage. Therefore, they could not be considered as husband and wife, Subramanys’s mother contested in the court. However, the court gave its verdict otherwise saying that for staying long together and the society’s recognition to them as husband and wife can be considered based on presumption that they are husband and wife.
The controversy started with his insurance policy after his death. His mother claimed the total receivable amount on two grounds; one that he nominated her, though before started staying together with Tilaga, and the other is Tilaga was not married to his son. Documents relating to the relation between Subramanya and Tilaga were submitted to the court, and hearing went on in the court based on both sides’ contention in the court. The trial court pronounced Chellama, the mother of Subramanya, would get only 25% of the insured value. Chellama appealed to the high court against the verdict of the trial court, and lost there too. Then she knocked the door of
Supreme Court.
The bench of Justices S. B. Sinha and Cyriac Joseph again validated the relation of Subramanya and Tilaga as husband and wife on the grounds that the court cannot depend only on the materials produced before the court, but on presumption too based on the conduct of the two persons. The judges did consider the documental proof for establishing the section-5 of the Hindu Marriage Act 1955. The bench also considered the presumption by taking into consideration their long stay together and the society’s acceptance them as married couple for the same reason of establishing the fact that they are husband and wife. At the end, the bench of judges upheld the verdict of the high court that was in favor of Tilaga. The judges also said that a nominee should not be regarded equivalent to an heir or legatee under the provision of law of succession. This means, Subramanya’s mother will get 25% of the total amount, and the rest will go to Tilaga.