Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Get started with Indian Law Cases
Your password will be generated automatically and will be sent to your email-id provided in this form.
Full Name
Email ID
(this email-id will be treated as your User ID also)
Address
City
Mobile No
* Mobile No is required for verification of identity
 Bare Acts  | Legal Resources  | Lawyer Locater  | Articles  | Legal Dictionary  | Download Desktop Software  | Subscription   Home   |   E-Journal  |  Sign-In  | Contact Us  | Disclaimers

Matrimonial Law
 Search Tips
Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Judgement Subject Index/Important Decision/Topic

ILC-2010-SC-MAT-Aug-1

Madan Mohan Singh Vs. Rajni Kant

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







                                                                          Full Judgement Body is not available


     
@2016 Indian Law
Name
Email ID
Please Wait..