Topic: Badri Prasad v. Dy. Director of Consolidation - Recognized live in relationship as a valid marriage

Recognized live in relationship as a valid marriage

Badri Prasad v. Dy. Director of Consolidation
Equivalent citations: 1978 AIR 1557, 1979 SCR (1) 1 - Date Of Judgment01/08/1978 - Bench: Krishnaiyer, V.R, Desai, D.A., Reddy, O. Chinnappa (J) - Citation: 1978 AIR 1557 1979 SCR (1) 1 1978 SCC (3) 527 - Citator Info : R 1989 SC1872 (4) - date of Judgment: 1 August, 1978

ACT:

Presumption in favour of valid marriage, law regarding- Law leans in favour of legitimacy-Proof by eye-witness evidence after half a century not permissible.

HEADNOTE:

Dismissing the special leave petition, the Court ^

HELD: If man and woman who live as husband and wife in society are compelled to prove, after half-a-century of wedlock by eye-witness     evidence that     they were validly married fifty years earlier, few will     succeed. ` A strong presumption arises in favour of wed-lock where the partners have lived together for a long spell as husband and wife. Although the presumption IS rebuttable, a heavy burden lies on him    who seeks to deprive the relationship of its legal origin. Law leans in favour of legitimacy and frowns upon bastardy. [1 F-H]

JUDGMENT:

CIVIL APPELLATE JURISDICTION: Special Leave Petition (Civil) Nos. 1731 and 927 of 1978. From the Judgment     and order dated 3-11-76 of     the Allahabad High Court (Lucknow Bench) in W.P. 116 of 1971 and from the Judgment and    order dated 5-8-77 of the Allahabad High Court (Lucknow Bench) in Revision Application No. 29/77 respectively.

R. K. Garg, Madan     Mohan and V. J. Francis for     the Petitioner.

The order of the Court was delivered by KRISHNA IYER, J.-For around 50 years, a     man and a woman, as the facts in this case unfold, lived as husband and wife. An adventurist challenge to the factum of marriage between the two, by the petitioner in this special leave petition, has been negatived by the High Court. A strong presumption arises in favour of wed-lock where the partners have lived together for a long spell as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him    who seeks to deprive    the relationship of legal origin. Law leans in favour of legitimacy and frowns upon bastardy. In this view, the contention of Shri Garg, for the petitioner, that long after the alleged marriage, evidence has not     been produced    to sustain its ceremonial process by examining the     priest     or other witnesses,    deserves no consideration. If man and woman who live as husband and wife in society are compelled to prove, half a century later, by eye-witness evidence that they     were validly married,     few will succeed. The contention deserves to be negatived and we do so without hesitation. The special     leave petitions are dismissed.

S.R.     Petitions dismissed.