BADRI PRASAD versus DY. DIRECTOR OF CONSOLIDATION AND ORS.

BADRI PRASAD versus DY. DIRECTOR OF CONSOLIDATION AND ORS.

Long cohabitation as husband and wife raises a strong presumption of marriage; the absence of eye-witness evidence after many years cannot defeat this presumption.

Parties
Petitioner: Badri Prasad; Respondents: Dy. Director of Consolidation and Ors.
Jurisdiction
India
Judgment Date
01 August 1978
Procedural Posture
Special Leave Petition (civil) / Dismissal at Supreme Court
Outcome
Petitions dismissed.
Legal Topics
Legitimacy, Presumption of Marriage, Standard of Proof
Family Law Legitimacy Presumption of Marriage Standard of Proof

Case Brief

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Parties

Badri Prasad

Petitioner

Dy. Director of Consolidation and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Dismissal at Supreme Court

Legal Issues

  1. 1 Whether a presumption of valid marriage can arise from long cohabitation as husband and wife.
  2. 2 Whether lack of eye-witness evidence after a long period defeats the presumption of marriage.

Ratio Decidendi

Long cohabitation as husband and wife raises a strong presumption of marriage; the absence of eye-witness evidence after many years cannot defeat this presumption.

Court Disposition

Petitions dismissed.

Orders

  • Special leave petitions are dismissed.