Punchi Nona V. Charles Appuhamy

1931 Present: Akbar J. and Maartensz A.J.

PUNCHI NONA v. CHARLES APPUHAMY.

44-D. C. (Inty.) Negombo, 2,772.

Marriage-Presumption arising from habit and repute-Evidence by alleged wife-Rebuttal.

A, who was married to T, lived with P, as her associated husband After T's death, A and P continued to live as husband and wife. A, who gave evidence, did not state that a customary marriage had taken place between P and herself after T's death.

Held, that, under the circumstances, the presumption of marriage by habit and repute did not arise.

APPEAL from a judgment of the District Judge of Negombo.

M. T. de S. Amarasekera, for appellant.

H. V. Perera, for respondent.

September 7, 1931. AKBAR J.-

In this case the only point for decision in appeal is whether the petitioner was the lawful wife of one Peeris, the deceased intestate in this case. The petitioner gave evidence, in which she stated that one Thepanis, a brother of Peeris, was married to her and that he was her husband, but that according to custom Peeris was also an associated husband of hers. She considered both of them as her husbands. It is clear that according to la

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