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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
KURUNGOTTUMADATHIL BALAN – Appellant
Versus
KOZHUKKUNNON KARTHIYAYANI – Respondent
| Table of Content |
|---|
| 1. parties disputed the validity of marriage based on ceremonial practices. (Para 1 , 2) |
| 2. challenged the necessity of presenting evidence for marriage legitimacy. (Para 3 , 5 , 6) |
| 3. absence of evidence leads to upholding initial court findings. (Para 4 , 8 , 10) |
| 4. registration presumes ceremonial validation unless proven otherwise. (Para 9) |
| 5. final ruling emphasizes lack of substantial law questions. (Para 11) |
J U D G M E N T
These two appeals arise out of the concurrent findings of the Munsiff Court, Kuthuparamba, in O.S No.317/2016 and O.S No.471/2016. The facts in O.S No.471/2016 is a subject matter of R.S.A No.678/2005, therefore will be dealt with together with R.S.A No.640/2025 for disposal.
2. Brief facts necessary for the disposal of these appeals are as follows:-
The appellant faced a suit for partition filed by the legal heirs of one Devaki. The defense raised by the appellant was that, he had married Devaki after following the ceremonies for making a Hindu marriage valid. The plaintiffs on other hand contended that, the appellant cannot lawfully marry Devaki, because, at that point of time, there was an earlier subsisting marriage with one Devi of Thiruvona
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