A woman doesn't have a claim to her partner's home over that of his wife, the Delhi high court has said in an important ruling on legal rights in a live-in relationship.
Justice Najmi Waziri on Tuesday came to the rescue of a 78-year-old widow, a US citizen, by restoring to her possession of a Greater Kailash property owned by her husband. The senior citizen, who now lives in the US, married an Indian businessman in 1963 and was forced to move court when she was ousted from her matrimonial home following her husband's death last year.
"A live-in or mistress or survivor in a bigamous relationship does not enjoy the status of marriage, hence she does not get the protection of law for maintenance," Justice Waziri said referring to Supreme Court rulings. The court made it clear that the US citizen, being the legally wedded wife of the businessman, had a better claim to his property over that of the live in partner.
MARGUERITE CHAWLA ..... Plaintiff Through: Mr. Peeyoosh Kalra with Mr. Sudhindra Tripathi, Advs. versus MISS KIRAN ABNASHI CHAWLA & ANR ..... Defendants Through: Mr. Airuddha Choudhury, Adv. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI
Justice Najmi Waziri on Tuesday came to the rescue of a 78-year-old widow, a US citizen, by restoring to her possession of a Greater Kailash property owned by her husband. The senior citizen, who now lives in the US, married an Indian businessman in 1963 and was forced to move court when she was ousted from her matrimonial home following her husband's death last year.
"A live-in or mistress or survivor in a bigamous relationship does not enjoy the status of marriage, hence she does not get the protection of law for maintenance," Justice Waziri said referring to Supreme Court rulings. The court made it clear that the US citizen, being the legally wedded wife of the businessman, had a better claim to his property over that of the live in partner.
MARGUERITE CHAWLA ..... Plaintiff Through: Mr. Peeyoosh Kalra with Mr. Sudhindra Tripathi, Advs. versus MISS KIRAN ABNASHI CHAWLA & ANR ..... Defendants Through: Mr. Airuddha Choudhury, Adv. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI
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