Child Born Out Of One-Night Stand May Not Have Rights Over Father's Property

The Bombay High Court has said that one-night stand or physical relationship between a man and a woman can't be brought under the Hindu marriage laws.

The court also said that a child born out of such encounter may not have any rights over the father's property, if there is no marriage, reported The Times of India.

"Broadly, either customary solemnisation of marriage is required or performance of legal formality is a condition precedent to label that relationship as a marriage... Any sexual intercourse which took place by choice or by chance or by accident is not a marriage," said Justice Mridula Bhatkar.

The observation came while hearing the case of a man who had two wives. The court said that the man had proof of his second marriage, though his second marriage was void, so the daughter from his second wife had the right over his property.

Earlier in January, Delhi High Court had observed that marriage under the Hindu law is "sacrament" and "not a contract" which can be entered into by executing a deed. The court observed while dismissing a plea by a woman who had challenged an order refusing to declare her as the legally-wedded wife.

The woman had approached the court seeking her appointment for job on compassionate ground after the death of her alleged husband, a former sanitation staff in a city government hospital, and a direction to the medical superintendent to release consequential benefits and allow her to join duties.

(With PTI inputs)