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T. AMARNATH GOUD, ARINDAM LODH
Sankari Debnath (Das) – Appellant
Versus
Sridam Karmakar – Respondent
| Table of Content |
|---|
| 1. background of appeal regarding marriage status. (Para 1 , 2 , 3 , 4) |
| 2. the court’s directive to determine marital status. (Para 5 , 6 , 7) |
| 3. witness depositions regarding marriage evidence. (Para 8 , 9 , 10 , 11 , 12) |
| 4. legal principles regarding marriage presumptions. (Para 13 , 14 , 15) |
| 5. conclusion on marriage validity and relief. (Para 16 , 17 , 18) |
JUDGMENT
1. Heard counsel for the appellant as well as for the respondent.
2. This is an appeal against the judgment and decree dated 08.04.2019 passed by the Judge, Family Court, Udaipur, Gomati in Case No. TS (Declaration) 2 of 2018 whereby the said Judge has observed that no valid marriage is ever solemnized between the plaintiff Sri Sridam Karmakar alias Partha (the respondent herein) and the defendant Smt. Sankari Debnath (Das) (the appellant herein) is not the legally married wife of the plaintiff Sri Sridam Karmakar alias Partha (the respondent herein).
3. For the sake of brevity parties are referred to as wife & husband. The genesis of the case can be rooted from the brief fact when the appellant-wife herein filed a petition in Cr. Misc. FC/UIDP/54 of 2016 for claiming maintenance allowance for herself @ 12,00
A presumption of marriage exists based on cohabitation unless disproven, placing the burden of proof on the party denying the marriage status.
A continuous cohabitation raises a presumption of marriage; the disputing party carries the burden of proof to establish otherwise.
Restitution of conjugal rights – If photographs are available, they require a non-biased approach for their consideration.
The main legal point established in the judgment is that the appellant failed to prove her marriage with the respondent and her claim of living together as husband and wife, leading to the dismissal ....
A marriage must be validly proved under customary law with clear and certain evidence, beyond mere cohabitation or undocumented assertions.
Point of law: Bigamous marriages are illegal as per the provisions of law but they are not immoral hence a financially dependent women cannot be denied maintenance, on the ground of being a second wi....
The main legal point established in the judgment is the presumption of marriage and recognition of relationships based on long cohabitation, and the burden of proof on the party seeking to deny the v....
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