Issue
Arguments Of Petitioner
Reasoning
Decision
Badri Prasad
v.
Dy. Director Of Consolidation And Others
(Supreme Court Of India)
CIVIL APPELLATE JURISDICTION Special Leave Petition (Civil) Nos. 1731 and 927 of 1978 | 01-08-1978
KRISHNA IYER, J.
1.For around 50 years, a man and a woman, as the facts in this case unfold, lived as husband and wife. An adventurist challenge to the factum of marriage between the two, by the petitioner in this special leave petition, has been negatived by the High Court. A strong presumption arises in favour of wed-lock where the partners have lived together for a long spell as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin. Law leans in favour of legitimacy and frowns upon bastardy. In this view, the contention of Shri Garg, for the petitioner, that long after the alleged marriage, evidence has not been produced to sustain its ceremonial process by examining the priest or other witnesses, deserves no consideration. If man and woman who live as husband and wife in society are compelled to prove, half a century later, by eye-witness evidence that they were validly married, few will succeed. The contention deserves to be negatived and we do so without hesitation. The special leave petitions are dismissed.
2. Petitions dismissed.
1.For around 50 years, a man and a woman, as the facts in this case unfold, lived as husband and wife. An adventurist challenge to the factum of marriage between the two, by the petitioner in this special leave petition, has been negatived by the High Court. A strong presumption arises in favour of wed-lock where the partners have lived together for a long spell as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin. Law leans in favour of legitimacy and frowns upon bastardy. In this view, the contention of Shri Garg, for the petitioner, that long after the alleged marriage, evidence has not been produced to sustain its ceremonial process by examining the priest or other witnesses, deserves no consideration. If man and woman who live as husband and wife in society are compelled to prove, half a century later, by eye-witness evidence that they were validly married, few will succeed. The contention deserves to be negatived and we do so without hesitation. The special leave petitions are dismissed.
2. Petitions dismissed.
Advocates List
R. K. Garg, Madan Mohan and V. J. Francis, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE V. R. KRISHNA IYER
HON'BLE JUSTICE D. A. DESAI
HON'BLE JUSTICE O. CHINNAPPA REDDY
Eq Citation
(1978) 3 SCC 527
[1979] 1 SCR 1
AIR 1978 SC 1557
1979 RDSUPP 89
1978 UJ 545
1978 ALJ 1010
LQ/SC/1978/184
HeadNote
Family and Personal Laws — Marriage — Presumption of — Presumption of marriage — Held, arises in favour of wed-lock where partners have lived together for a long spell as husband and wife — Although presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin — Law leans in favour of legitimacy and frowns upon bastardy — Evidence Act, 1872 — S. 114 — Burden of proof — Civil Procedure Code, 1908 — Ss. 101 & 102
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