Bilaspur: In a landmark ruling on family law and inheritance, the Chhattisgarh High Court has made it clear that an illegal relationship cannot be given legal sanctity, no matter how strong social acceptance or emotional claims may be.
Dismissing an appeal filed by a woman claiming to be a second wife and her daughters, the High Court upheld the Family Court’s decision refusing to declare a well-known city businessman as their husband and father. The court ruled that children born during the subsistence of a valid first marriage are legally presumed to be the children of the first husband alone.
Acknowledgment Not Enough, Law Is Final
The division bench of Rajani Dubey and A. K. Prasad observed that even if another man fathers the children, acknowledges them, or lives with the woman in a live-in relationship, legal paternity does not shift as long as the first marriage remains valid.
The petitioners had claimed their mother married the businessman in 1971 through a garland-exchange ceremony and that he had accepted them socially and even in court as his daughters, giving them a right to his property. However, the courts found no proof that the woman’s first marriage had legally ended, nor evidence of the first husband’s death or long-term “non-access.”
Second Marriage Void Under Hindu Law
Citing Sections 5 and 11 of the Hindu Marriage Act, the court reaffirmed that a second marriage during the subsistence of the first is void, and children from such a relationship cannot claim inheritance rights from the second man.
The High Court also noted that official records, including Aadhaar documents, listed the first husband as the father, strengthening the legal presumption.
Clear Message From the Court
Upholding the Family Court’s order, the High Court sent a firm message: paternity and property rights are decided by law and evidence—not emotions, social conduct, or personal acknowledgment. The judgment is expected to serve as a strong precedent in future inheritance and legitimacy disputes.
