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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Sooraj Bai, W/o. Jhagaruram – Appellant
Versus
Hiran Bai, W/o. Tekram Sahu – Respondent
| Table of Content |
|---|
| 1. second appeal filed under section 100 cpc. (Para 1 , 2) |
| 2. facts of the case regarding sagnuram and gwalin bai. (Para 3) |
| 3. court's observations and scrutiny of legal findings. (Para 4 , 9 , 10) |
| 4. defendant's arguments contesting marriage validity. (Para 5 , 6) |
| 5. plaintiffs support the first appellate court's ruling. (Para 7) |
| 6. legal standards governing the validity of marriage under hindu law. (Para 11 , 12) |
| 7. necessity of proving customary marriage validity. (Para 14 , 15 , 16 , 19) |
| 8. errors in first appellate court judgment. (Para 20 , 21 , 24) |
| 9. conclusion and order of the court. (Para 25 , 26 , 27 , 28) |
JUDGMENT :
BIBHU DATTA GURU, J.
1. The present Second Appeal has been filed by the appellant/defendant No.1 under Section 100 of the Code of Civil Procedure, 1908, assailing the judgment and decree dated 29.01.2005 passed by the learned Additional District Judge, Balod, in Civil Appeal No. 54-A/2002 (Smt. Hiran Bai & Anr. V Smt. Suraj Bai & Ors.), whereby the judgment and decree dated 13.09.2002 passed by the learned Civil Judge, Class-I, Balod, in Civil Suit No. 40-A/1988 (Smt. Hiran Bai & Anr. V Smt. Suraj Bai & Ors.) has been reversed. For the sake of convenien
A marriage is void ab initio if contracted while a previous valid marriage is subsisting; this principle underpins succession rights under Hindu law.
A marriage is void if one party has a living spouse, and customary divorce must be proven to be legally recognized.
A marriage must be validly proved under customary law with clear and certain evidence, beyond mere cohabitation or undocumented assertions.
(1) Dissolution of marriage – Customary divorce is an exception to general law and can be accepted only with utmost care, caution, and reliable evidence – If a right is claimed based on a custom, it ....
The court ruled that the appellant failed to prove her marriage under customary law, while the respondent's marriage was valid, leading to the declaration of the respondent as the legal wife entitled....
Custom – Custom evolves by conduct – Customs too, like law, cannot remain stuck in time and others cannot be allowed to take refuge in customs or hide behind them to deprive others of their right.
A continuous cohabitation raises a presumption of marriage; the disputing party carries the burden of proof to establish otherwise.
The burden of proof for establishing a custom rests on the party asserting it, and clear and unambiguous evidence is required to prove the custom. The court emphasized the need for continuity, certai....
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