Kerala High Court Rules Child Born Four Months After Marriage Entitled to Father’s Property

Thiruvananthapuram, Kerala: In a landmark judgment, the Kerala High Court has ruled that a child born within four months of marriage is entitled to an equal share in the father’s property. The decision comes in a case where a woman and her children claimed inheritance from their late husband and father, who passed away in 2012 without leaving a will.

Lower Court Denied Child’s Share:
The property dispute arose after the man’s death in December 2012. His widow petitioned the lower court to divide the property into four shares among herself, her two children, and the deceased’s elderly mother. The lower court, however, rejected the claim of the elder son, who was born just four months after the marriage, stating that he was not considered the legitimate child of the deceased. The court ordered the property to be divided into three parts only.

Debate on Pre-Marital Conception:
Challenging the lower court’s ruling, the woman approached the Kerala High Court. A two-judge bench, comprising Justice Satish Ninan and Justice P. Krishnakumar, heard the case. Advocates for the petitioner argued that the child was conceived during a pre-existing relationship, prior to the official wedding, and therefore should be considered legitimate. The opposing counsel claimed it was an arranged marriage, and no relationship existed before the wedding.

High Court Confirms Legitimacy:
The High Court overturned the lower court’s decision, emphasizing that the law always supports the legitimacy of a child, especially if conceived during a lawful marriage. Citing Section 112 of the Indian Evidence Act, the court noted that a child born during a marriage is presumed legitimate. This presumption can only be challenged if it is proven that the parents had no physical relationship at the time of conception. The court clarified that conception may occur before the formal wedding date, and the child’s legitimacy depends on the marital relationship rather than the exact date of birth.

This judgment sets an important precedent in family law, ensuring that children conceived around the time of marriage are not denied inheritance rights.