Supreme Court · 1978 INSC 119 · Decided 1 August 1978

Badri Prasad v. DY. Director of Consolidation and ORS.

Court
Supreme Court of India
Citation
1978 INSC 119 · [1979] 1 S.C.R. 1
Case number
SPECIAL LEAVE PETITION (CIVIL) No. 1731/1978
Decided
1 August 1978
Bench
V.R. KRISHNA IYER, D.A. DESAI, O. CHINNAPPA REDDY (3-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

PRASAD v. DY. DIRECTOR OF CONSOLIDATION AND ORS. August !st, 1978 lV. R. KRISHNA IYER, D. A. DESAI AND 0. CHINNAPPA RUDDY, JJ.J Presumption in favour of valid marriage, law rega,rding-Law leans in favour of legitin1acy-Proof by eye-witness evidence after half a century not permissible. Dismissing evidence that they Vi'ere validly married fifty years eariler, feVi' will succeed. A strong C presumption arises in favour of wed-lock where the partners have lived together for a Jong spell as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to

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