Badri Prasad vs Dy. Director Of Consolidation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1978 Supreme(SC) 193

SUPREME COURT OF INDIA
V.R. KRISHNA IYER, D.A. DESAI AND O. CHINNAPPA REDDY, JJ.
Badri Prasad, Petitioner
Versus
Dy. Director of Consolidation and others, Respondents.
M/s. R. K. Garg, Madan Mohan and V. J. Francis, Advocates, for Petitioner.
Decided on 3-11-1976 and 5-8-1977 (All) (Luck. Bench) respectively.

Advocates:
MADAN MOHAN DAS, R.K.GARG, V.J.Francis

Headnote:
Constitution of India, 1950 - Challenge to factum of marriage between two - Burden lies on him who seeks to deprive relationship of legal origin - For around years man and woman as facts in this case unfold lived as husband and wife - An adventurist challenge to factum of marriage between two by petitioner in this special leave petition has been negatived by the High Court - A strong presumption arises in favour of wedlock where partners have lived together for long spell as husband and wife - Although the presumption is rebuttable heavy burden lies on him who seeks to deprive relationship of legal origin – Held, Law leans in favour of legitimacy and frowns upon bastardy - This view contention for petitioner that long after alleged marriage evidence has not been produced to sustain its ceremonial process by examining priest or other witnesses deserves no consideration - If man and woman who live as husband and wife in society are compelled to prove half century later, by eye-witness evidence that they were validily married few will succeed - Contention deserves to be negatived and we do so without hesitation - Special leave petitions are dismissed – Petition dismissed

JUDGMENT

ORDER :— 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 wedlock 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 validily married, few will succeed. The contention deserves to be negatived and we do so without hesitation. The special leave petitions are dismissed.

Special leave petitions dismissed.

For Citation : AIR 1978 SC 1557

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