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Such a presumption could be inferred by the natural course of events and other surrounding circumstances, a Bench of Justices Arijit Pasayat and P Satasivan said.
The Bench passed the ruling while upholding the property rights of the children born to a couple whose marriage was challenged by the rival claimants.
“Where a man and woman are proved to have lived together as 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 apex Court said while recalling a Privy Council observation.
The apex Court said where the partners lived together the law leans in favour of legitimacy and frowns upon inference of bastardy.
“The presumption was rebuttable but a heavy burden lies on the person who seeks to deprive the relationship of legal origin to prove that no marriage took place,” the bench observed.
In this case, the appellants Tulsa and others had challenged the ruling of a trial court and Madhya Pradesh High Court that they were not entitled to the property left behind by their parents whose marriage was disputed by rival claimants Durghatiya and others.
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