Twenty-Six Years of Cohabitation Raises Strong Presumption of Valid Marriage: Madhya Pradesh High Court

An inheritance claim challenged on the assertion that the plaintiffs' mother was not lawfully married to their father

Dhunna first married Nimiya, who died, and later lived with Rajiyabai under an alleged Kari marriage. Their sons claimed shares in his land and house. The defendant argued that the ceremony was unproved and called the children illegitimate.

Issue and applicable law

The central question was an inheritance claim challenged on the assertion that the plaintiffs' mother was not lawfully married to their father.

Following Chowdamma v. Venkatappa, the Court preferred legitimacy over illegitimacy where settled cohabitation and social recognition were proved. It declined to disturb the factual finding in second appeal.

Court's reasoning

The Court held that long cohabitation as husband and wife creates a strong presumption favouring a valid marriage, with a heavy burden on the challenger. Its principal reason was that the couple lived together for twenty-six years, the village generally recognized them as spouses, and the objecting defendant produced no contrary evidence.

Decision and practical effect

The second appeal was dismissed and the appellate decree awarding the plaintiffs a two-fifths share and symbolic possession was upheld.

The ruling is significant because it clarifies how the stated legal standard should be applied to comparable disputes without extending the decision beyond the facts reported by the source.

Case details

• Case: Fulla v. Munna
• Court: Madhya Pradesh High Court
• Case number or citation: Second Appeal No. 1018 of 1999; 2026 LiveLaw (MP) 353
• Judges: Justice Pranay Verma
• Advocates: For appellant: Nitin Kumar Agrawal; for respondents 1 and 2: Sanjeev Tuli
• Source: https://www.livelaw.in/high-court/madhya-pradesh-high-court/madhya-pradesh-high-court-notes-long-cohabitation-raises-strong-presumption-of-legitimacy-over-illegitimacy-of-marriage-549180