Madan Mohan Singh Vs. Rajni Kant
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Head Note
The Indian Evidence Act, 1872 - Section 32 (5)
Date of birth - Proof of - If a person wants to rely on a particular date of birth and wants to press a document in service, he has to prove is authenticity in terms of Section 32(5) or Sections 50, 51, 59, 60 and 61 etc. of the Evidence Act by examining the person having special means of knowledge, authenticity of date, time etc. mentioned therein.
The Indian Evidence Act, 1872 - Section 35
Entries in Public document i.e. school register, voter list or family register prepared under the Rules and Regulations etc. admissible - The entry in School Register/School Leaving Certificate require to be proved in accordance with law and the standard of proof required in such cases remained the same as in any other civil or criminal cases .AIR 1999 SC 1587 relied.
The Indian Evidence Act, 1872 - Section 35
Proof of age - In case the date of birth depicted in the school register/certificate stands belied by the un-impeachable evidence of reliable persons and on temporaneous documents like the date of birth register of the Municipal Corporation, Government Hospital/Nursing Home etc, the entry in the school register is to be discarded.
The Indian Evidence Act, 1872 - Section 114 , The Hindu Marriage Act, 1955 - Section 5
Live-in-relationship is permissible only in unmarried major person of heterogeneous sex - If man and woman are living under the same roof and cohabiting for a number of years, there will be a presumption under Section 114 of the Evidence Act, that they live as husband and wife and the children born to them will not be illegitimate - However, such presumption of marriage can be rebutted by leading unimpeachable evidence - Further held - The law presumes in favour of marriage and against concubinage, when a man and woman had cohabited continuously for a number of years - However, such presumption can be rebutted day leading unimpeachable evidence.
Topic(s)-Live-in-relationship , Heterogeneous sex