KOCHI: The High Court on Thursday held that cohabitation between a man and woman, how long it may be, will not acquire the character of a valid marriage if it is during the subsistence of another marriage.
A Division Bench comprising Justice Anu Sivaraman and Justice C Pratheep Kumar issued the order on a petition challenging a Family Court’s order. Two elderly women — 69-year-old and 74-year-old respectively— are fighting against each other in the appeal, claiming the status of legally wed wife of K T Ramakrishnan Nambiar, of Kannur, who died in 2012.
The 74-year-old woman claimed that she married him in 1966 as per religious rites and ceremonies. On the other hand, a 69-year-old woman, who filed the appeal in the High Court, claimed that she married him in 1970.
After the death of Ramakrishnan Nambiar, both women applied for a legal heirship certificate before the revenue officials to claim a family pension. Since the 69-year-old woman objected, the other woman approached the Family Court, Kannur, for a declaration that she was the legally wed wife.
The Family Court allowed the claim in 2017. The 69-year-old woman approached the court seeking to quash the Family Court’s order. She argued that the late Ramakrishnan lived with her for more than 40 years and hence the long cohabitation between them as husband and wife gave rise to a presumption of marriage.
Counsel for the 74-year-old woman argued that even if there is cohabitation, the same will not confer any presumption of a valid marriage between them. The Family Court categorically found that the late Ramakrishnan Nambiar married her as per the customary rites. The Family Court also recorded the statement of the brother of the deceased and two relatives.
They submitted during the trial the details of the ceremonies conducted in connection with the marriage. Hence, the trial court was perfectly justified in holding that the 74 -year-old woman is the lawfully wed wife of the late Ramakrishnan Nambiar.