The Vs. Mohammad Khan

1615 Words Mar 2nd, 2016 7 Pages
In the cases which were instituted prior to independence like A Dinohamy v. WL Blahamy the Privy Council laid down a broad rule stating that, “where a man and a women are proved to have lived together as a 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” The same principle was reiterated in the case of Mohabhat Ali v. Mohammad Ibrahim Khan
After independence, a notable case which can cited for the purpose of understanding the legality of live in relationships is that of Badri Prasad v. Dy Director of Consolidation wherein issues where raised regarding the legal status of the relationship between two individuals who had resided together for a period of almost fifty years without formally marrying. The court held in this case that there is always a strong presumption in favor of wedlock and even though this presumption is rebuttable, a heavy burden of proof lies on the person so alleging this.
In Patel and others Case , the Supreme Court observed that live-in- relation between two adults without a formal marriage cannot be termed as an offence. It also stated that there is no such statute which postulates that live in relationships are illegal. The same proposition was upheld in the case of Tulsa v. Durghatiya where the long term live in relationship was recognized as equivalent to marriage. The Supreme Court in Gokal Chand v. Parvin Kumari…

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