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

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