Supreme Court · 2008 INSC 55 · Decided 15 January 2008
Tulsa and ORS. v. Durghatiya and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 55 · [2008] 1 S.C.R. 709
- Case number
- CIVIL APPEAL No. 648/2002
- Decided
- 15 January 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Evidence Act Section 50, 114
Headnote
> Evidence Act, 1872 - ss. 50 and 114 - Presumption as -r. to marriage between two persons living together - Scope of - Held: The act of marriage can be presumed from the common c course of natural events and the conduct of parties - Where the partners lived together for long time as husband of wedlock - The presumption is rebuttable, but a heavy burden lies on the person who seeks to prove that no marriage took place. D The joint ancestral property in question was originally owned by Respondent No.1's husband and his two brothers, 'R' and 'S'. After death of 'R' and 'S', a sale deed
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)