Dinohamy Et Al. V. Balahamy Et. Al.,

 [ PRIVY COUNCIL.]

1927 Present: Viscount Haldane, Lord Shaw, and Lord Warrington
of Clyffe.

DISOHAMY el al. v. BALAHAMY et al.

Husband and wife-Presumption of marriage-Habit and repute- Agreement by widow relinquishing her rights-Validity.

Under tin- law, of Ceylon where a man and woman are proved to have lived together as husband 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.

Sastry velaider Aronegary  v. Sembecutty Vaigalic 1[6 A. C. 364.] followed.

Where, on the death of a person, a child of the deceased by the first bed obtained a deed of agreement from the widow, which altered her status and extinguished her rights, and where it was not proved that she had fully understood the contents of the deed.-

Held, that the deed of agreement was no bar to her and her children's rights under the law of intestate succession.

APPEAL from a judgment of the Supreme Court. The facts artfully stated in the judgment of the Judicial Committee of the Privy Council.

June 16, 1927. Delivered by LORD SHAW.-

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