The Madras High Court today ruled that mere approval of a live-in relationship under the Domestic Violence Act did not mean it approves illegitmate relationship and that the terminal benefits due to a retired employee could be given to a person with whom he is having such relationship.
Justice S Vaidyanathan, giving the direction while disposing a petition by C Anagayarkanni, wife of one Chandrasekharan, however said his two illegitimate sons through his illegitimate wife should be included as nominee for terminal benefits along with his legal wife, the petitioner.
The Judge also said if the illegitimate wife had been deceived, it was for her to take appropriate action against the man.
Petitioner Angayarkanni submitted she married Chandrasekharan, a Sub Inspector. As all three children born to her died the day after her delivery, her husband quarrelled with her and sent her away.
She said she filed a maintenance petition and was getting maintenance through court order.
Meanwhile, she came to know that husand was having an illicit relationship with a woman and had two sons through her and that he was taking steps to nominate her as legal heir to receive the terminal benefits.
The petitioner said she had sent a representation to the Deputy Inspector General of Police(Tiruchi) and Thanjavur District Superintendent of Police to incorporate her name as a nominee and not to include the illegitimate wife's name or any other person as nominee.
The DIG and SP said he could nominate any person as a nominee and if he insisted that the woman be nominated, they were bound by it.
Chandrasekaran submitted he had two sons through his illegitimate wife and the birth certificates issued by government showed the two boys were his sons through the woman.
The judge said a perusal of the documents relating to Chandrasekharan showed that he had illegitimate relationship with her.
"Merely because the Domestic Violence Act approves of live-in relationship, it does not mean it approves illegitimate relationship," the judge said.
The Supreme Court has held that in all live-in relationship marriages, the women's status is lower than that of the wife, the judge said and directed that the petitioner also be included along with the two illegitimate children as nominee to settle the terminal benefits.
