JUDGMENT

Wilson, J. - The main question we have to answer upon this reference is, whether a marriage between a man and his deceased wife's sister, celebrated in Calcutta in the year 1877, is liable to be declared null and void, u/s 19 of the Indian Divorce Act, on the ground that the parties are within the prohibited degrees, both parties being domiciled in British India and resident in Calcutta, and both being Roman Catholics. It is not found whether either of the parties to this marriage is the descendant of English ancestors, or of European settlers in this country other than English, or of native converts to Christianity, or of mixed race; their names suggest a Portuguese origin. We are bound to presume every matter of fact in favour of the validity of a marriage, and therefore if there be rules as to the prohibited degrees which would invalidate a marriage between persons connected as these were, 'and if those rules be applicable to any one class of Christians, but not to all Christian^, we must presume, in the absence of any proof that they did, that the parties did not belong to that class. In particular, we must presume, so far as that point is material, that they are not of