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A negative fact cannot be proved by adducing positive eviden

 

A negative fact cannot be proved by adducing positive evidence.

 
The respondents/defendants could not establish that a male child from outside the family could not be adopted. Thus, in view of the fact that the defendants/respondents have never made any reference with respect to the existence of a custom prohibiting the adoption of a child from outside the family, either in the notice served by them on 6.5.1971 upon Vasant Bhagwant Pandav, or in their written statement, the mere fact that it may only be for the sake of convenience, that a child was taken in adoption from within the same family on each of the four occasions over a period of 375 years, would not be sufficient to establish the existence of a custom in this regard, for the reason that custom cannot be proved by way of logic or analogy. Thus we hold, that the finding recorded by the Appellate Courts on this issue, is not based on any evidence, and that the appellate courts have committed an error in holding that the defendants/respondents have successfully proved the existence of such special family custom. The appellate courts have failed to appreciate that a negative fact cannot be proved by adducing positive evidence. This is not a case where there have been adequate judicial pronouncements on the said issue previously, of which the court could have taken judicial notice.

Supreme Court of India
Laxmibai (Dead) Thru Lr'S. & Anr. vs Bhagwanthbuva (Dead) Thru Lr'S. & ... on 29 January, 2013
Author: ..………………………….J.
Bench: R.M. Lodha, Anil R. Dave


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