Live-in relationship not legitimate if one partner married, says Madras High Court

CHENNAI: Observing that a live-in relationship is not legitimate when one of the partners is already in a matrimonial relationship, the Madras High Court (MHC) dismissed a man’s appeal seeking properties of a deceased school headmistress with whom he was in an extra-marital relationship.

Because the wife of the appellant was alive with the children, and in the absence of any divorce, his relationship with the deceased woman cannot be termed as a “live-in” relationship, Justice RMT Teekaa Raman said in the order.

Hence, he cannot seek any succession or inheritance of the property, the judge added while dismissing the appeal.

Two adults indulging in an extramarital relationship and labelling it as a “live-in” relationship is a misnomer and it is to be deprecated, wrote the judge, confirming the lower court verdict.

The appellant, P Jayachandran, moved the High Court with an appeal seeking to quash the verdict of the second additional district court, Vellore, which refused his claim to inherit the property of the deceased live-in partner.

He was in a live-in relationship with a school headmistress at Panchayat Union School, Nagavedu, Arakkonam even while he was married and had not obtained any divorce in his favour.

After the woman died in 2013, he claimed the inheritance of her property, which, however, was objected to by the father of the woman. Her father contended that he was the sole legal heir of the woman as per the provision of the Indian Succession Act.

When the matter reached the court, the second additional district court, Vellore, delivered the judgment in favour of the father of the woman. Aggrieved by this, the appellant moved the appeal seeking to quash the lower court’s order.