SASTRY VALAIDER ARONEGARy and his Wife v. SEMBECUTTY VAIGALIE et al.

Privy COUNcIL, February 3 and 4, 1881.

SASTRY VALAIDER ARONEGARy and his Wife
v.
SEMBECUTTY   VAIGALIE et al.

On appeal from the Supreme Court of Ceylon.

Present  : -  Sir B. PEACOCK, MONTAGUE E. SMITH, Sir K.
COLLIER, Sir RICHARD COUCH

Law of Ceylon - Presumption of marriage -Onus probandi.

According to the Roman - Dutch Law of Ceylon there is a presumption in favour of marriage rather than of concubinage.

According to the law of Ceylon, as in England, where a man and woman are proved to have lived together as man and wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage, and not in a state of concubinage.

Where it is proved that they had gone through a form of marriage and thereby shown an intention, to be married, held, that those who claimed by virtue of the marriage were not bound to prove that all necessary ceremonies had been performed.

APPEAL from two judgments of the Supreme Court (February 12 and July 26, 1878), reversing a decision of the District

Court of Batticaloa, D. C. No. 18,350 (Augus

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