Facts of the Case
- X and Y lived together for a long period.
- They were publicly recognized by relatives, neighbors, and society as husband and wife.
- They cohabited and conducted themselves as a married couple.
- Their daughters were also married in society as legitimate children born of a valid marriage.
- A dispute later arises questioning whether X and Y were legally married.
- The issue is whether the marriage is valid based on long cohabitation and public recognition, or whether it is necessary to examine their family members to prove the marriage.
Issues in the Case
- Whether long cohabitation and social recognition are sufficient to presume a valid marriage between X and Y.
- Whether the presumption under Section 114 of the Indian Evidence Act applies in favor of a valid marriage.
- Whether it is necessary to examine family members or produce formal proof (such as marriage certificate, priest evidence, etc.) to establish the marriage.
- Whether the married daughters being treated as legitimate children strengthens the presumption of lawful marriage.
- Whether the burden of disproving the marriage shifts to the person alleging illegitimacy.
Legal Principles Covered to Support Case Proceedings and Judgments
A. Section 114, Indian Evidence Act — Presumption of Certain Facts
- Courts may presume the existence of any fact that is likely to have occurred, considering the usual course of natural events and human conduct.
- Long cohabitation + societal recognition create a strong presumption of lawful marriage.
B. Presumption of Marriage From Cohabitation (Judicial Doctrine)
Courts have consistently held:
“If a man and woman live together as husband and wife for a long time, the law will presume that they are legally married.”
This presumption exists to protect:
- Legitimacy of children,
- Stability of family life,
- Social norms,
- Public morality.
Key Case Laws
1. Badri Prasad v. Dy. Director of Consolidation (1978) SC
- The Supreme Court recognized a 50-year live-in relationship as valid marriage.
- Burden lies on the person challenging the marriage to prove it was illegal.
2. Tulsa v. Durghatiya (2008) SC
- Long cohabitation raises a presumption of marriage and legitimacy of children.
3. Mohabbat Ali Khan v. Mohammed Ibrahim Khan (1929 PC)
- Cohabitation + reputation = sufficient evidence of marriage unless rebutted.
4. Section 50, Indian Evidence Act — Opinion of Persons Having Special Knowledge
- Opinions of family members about relationship (e.g., who is married to whom) are relevant.
- But their testimony is not mandatory if the presumption of marriage is already strong.
C. Effect of Daughters Being Married as Legitimate Children
- If children are treated as legitimate by society (and their marriages accepted), this reinforces the presumption of a valid marriage between X and Y.
D. When Examination of Family Members Becomes Necessary
- Only when someone produces evidence suggesting:
- The marriage ceremony never took place,
- The parties were not eligible to marry, or
- There existed a legal bar (e.g., prior marriage, prohibited relationships).
- In absence of such evidence, court need not require examination of family members.
Possible Judgment
A. Marriage Between X and Y is Presumed Valid
Based on the principles of long cohabitation and public recognition, the court is likely to hold:
- X and Y lived together as husband and wife for many years.
- Society, relatives, and all persons recognized them as married.
- Their daughters were treated as legitimate and were married accordingly.
- Under Section 114 Evidence Act, a strong presumption of valid marriage arises.
- The burden shifts to the person challenging the marriage to prove otherwise.
B. Examination of Family Members is Not Necessary
- When there is already strong evidence through conduct, reputation, and long cohabitation, formal examination of parents or family members is not mandatory.
- Unless rebuttal evidence is produced, the presumption stands.
About lawgnan
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