Where a man and woman continues cohabitation for a number of years, there is presumption that they lived as husband and wife

Where a man and woman continues cohabitation for a number of years, there is presumption that they lived as husband and wife

Inder Pal & ors Vs Smt Dhani

Shimla HC

07/12/2018

RSA No. 157 of 2005

About/from the judgment:

The High Court recently dismissed an appeal holding that where a man and woman continues cohabitation for a number of years, there is presumption that they lived as husband and wife.

 

In the case, the plaintiff filed a suit for declaration and injunction as a consequential relief with the allegations that the defendant Smt. Dhani Devi was not the widow of late Swaru, son of Sewak, and therefore, the mutation No. 405, dated 08.08.1994 had wrongly been attested in her favour whereby the share of deceased Swaru in a specific land, had been entered in her favour. It was averred that deceased Raud was the real brother of deceased Swaru, the father of the plaintiffs and, therefore, the mutation ought to have been entered in the name of Raud.

 

The court relied on Gokal Chand vs. Parvin Kumari, AIR 1952 SC 231, Madan Mohan Singh and others vs. Rajni Kant and another, 2010 (9) SCC 209 and Dilu vs. Dhani Ram, 1992 (1) SLC 356 and Netar Singh and others vs. Lajya Devi and others, 2011 (2) SLC 229 answering the question of law, against the appellants.

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