M. Yogendra Vs. Leelamma N.
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Head Note
The Hindu Marriage Act, 1955 - Section 5 , Section 6 , Section 8 , Section 11 , The Indian Evidence Act, 1872 - Section 50
Marriage between parties - Proof of validity of marriage - Witnesses to marriage not available - Documentary proof also not available - In such a situation marriage may be proved by examining the witnesses who had seen conduct of parties - In the instant case a person contracting second marriage - Marriage proved by daughters who were born from first marriage who saw the conduct of the father's second wife.
The Hindu Succession Act, 1956 - Section 6 , Section 8 , The Hindu Marriage Act, 1955 - Section 5
Coparcenery property - Inheritance of - A Hindu male having three daughters from first wife - Contracting second marriage in 1960, and a son born from second wife - Second Marriage is hit by Section 5 of Hindu Marriage Act - Hindu male was having coparcenery property at his hands - Son would not be a coparcener with father and would not inherit the properties as a coparcener - Share of each daughter would be 1/3rd in the property - Death of one of the daughters - Her heirs would inherit 1/3rd share of their deceased mother.
Topic(s)-Coparcenery property , Proof of validity of marriage
Important Decision(s)-
- Son born from second wife - Second Marriage is hit by Section 5 of Hindu Marriage Act - Hindu male was having coparcenery property at his hands - Son would not be a coparcener with father.
- Proof of validity of marriage - Witnesses to marriage not available - Documentary proof also not available - Marriage proved by daughters who were born from first marriage.