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Presumption of marriage is rebuttable

  12 May 2008       Share Bookmark

Court :
In The Hon'ble Supreme Court of India
Brief :
When Section 50 read with Section 114 of the Indian Evidence Act, 1872, it is clear that the act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of particular case. The Supreme Court held that where the partners lived together for long spell as husband and wife there would be presumption in favour of wedlock. The presumption is rebuttable, but a heavy burden lies on the person who seeks to deprive the relationship of legal origin to prove that no marriage took place.
Citation :
Tulsa & Ors. v. Durghatiya & Ors., decided on January 15, 2008
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Published in Family Law
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