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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
KAILASH CHAND – Appellant
Versus
Deepa Devi – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks declaration on marriage status. (Para 2 , 3 , 4) |
| 2. trial court judgments upheld claims of defendants. (Para 5 , 7) |
| 3. arguments presented by appellant attorney. (Para 12 , 14) |
| 4. custom must be proved with evidence. (Para 15 , 16 , 18) |
| 5. cohabitation as basis for marriage presumption. (Para 21 , 22 , 23) |
| 6. undertaking does not equate to agreement. (Para 31 , 32) |
| 7. appeal allows plaintiff’s claims, reversing lower court. (Para 33 , 34 , 35) |
Judgment :
Rakesh Kainthla, J.
The present appeal is directed against the judgment Hand decree dated 29.12.2007 passed by the learned Additional District Judge, Fast Track, Kullu (learned Appellate Court) vide which the judgment and decree dated 19.07.2007 passed by the learned Civil Judge, Sr. Division, Kullu (learned Trial Court) were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.
2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a civil suit before the learned Trial Court for seeking a declaration that defendant No.1. has no right to proclaim herself to be the legally wedded wife of t
A marriage must be validly proved under customary law with clear and certain evidence, beyond mere cohabitation or undocumented assertions.
Burden to prove the marriage was on the plaintiff alone particularly when the plaintiff denied the marriage with the defendant. In the counter suit also, the plaintiff who was the defendant therein d....
Restitution of conjugal rights – If photographs are available, they require a non-biased approach for their consideration.
A continuous cohabitation raises a presumption of marriage; the disputing party carries the burden of proof to establish otherwise.
(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 ....
A marriage is void if one party has a living spouse, and customary divorce must be proven to be legally recognized.
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