The Delhi High Court recently said that it will examine the legal rights of children born out of 'kareva' marriages [Azad Singh (Deceased) Through Legal Heirs v Devi Singh & Ors]. .A kareva marriage is an old custom of marital alliance with the widow of one's brother and is practised among certain communities in North India. In such marriages, the widow lives with the deceased husband's brother but there is no strict customary or legal marriage.In an order passed on May 19, Justice Anup Jairam Bhambhani said he will frame the question of law after hearing the parties. “On a preliminary view of the matter, this court would wish to frame the question of law in a manner different from what is proposed in the present regular second appeal, for which purpose it would be desirable to hear the respondents in the matter as well,” the Bench said. .The Court was hearing a plea by the legal heirs of a late Azad Singh arguing that other children of Singh’s father, who were born outside of wedlock, acquire no rights in family property regardless of the existence of a kareva marriage. Justice Bhambhani has issued notice to the respondents, the children born from the Kareva marriage. However, the Court clarified that no counter-affidavit is being called for. .Advocates Sriram Parakkat, Adhishga Santosh, Anandhu S Nair, Maneesha Sunil Kumar and Haritha H appeared for the legal heirs of Azad Singh. .[Read Order]
