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Divorce case lawyer in Karkardooma Court Delhi

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi


Supreme Court Judgement
LAWS(SC) - 2025-8-83
Long-term cohabitation creates presumption of marriage, which can only be rebutted by unimpeachable evidence

Evidence Act - S.50 & 114G IPC S.494, 495, 497 & 498 CPC 0.26R.1 The Supreme Court said that if a man and a woman live together as husband and wife for a long time, it creates a strong presumption of a valid marriage. This presumption is not absolutely final, but it can only be broken by unimpeachable evidence. The court also clarified that mere denial, reliance on revenue records, or absence of proof of formal marriage cannot remove the presumption when the community and witnesses recognize the relationship. The case involved a dispute over inheritance of ancestral and self-acquired property of a deceased person. The plaintiffs claimed that their mother was the first legal wife of the deceased and hence the children were entitled to a share in the property. The defendants denied the marriage and said that the plaintiffs were not legal heirs. Citing Section 50 of the Evidence Act and earlier judgments, the court said that when forming an opinion on family relationship, credible witnesses and genealogical charts would be considered as important evidence. The court also accepted oral pedigree evidence but said that it should be viewed carefully and corroborated by other circumstances. The court termed revenue records as insignificant as they are only for revenue purposes and not proof of marriage or ownership. Lastly, the court found that the defendants did not appear in the witness box even though they were present, leading to a negative inference being drawn against them. The Supreme Court upheld the High Court's decision and dismissed the appeal.


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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

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