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Raghuvir Kumar And Anr. vs Shanmughavadivu And Ors. on 17 November, 1962

Reliance was also placed on the decision in Bachubhai v. Bai Dhanlaxmi, . There the parties had lived and cohabited together for long period, and were recognised by relations and friends as husband and wife. It was held on the facts that though a presumption of marriage can be raised, such presumption was always rebuttable. In the case before them the learned Judges found that the cohabitation lasted for less than 2 years that the man was potter and the girl came from a brahmin family, and that there was no evidence of repute or recognition as husband and wife. In these circumstances the learned Judge held that the presumption of marriage has been rebutted and that the probability was that the man lived with the woman as his mistress. Relying on this decision, the learned counsel for the respondent submits that the facts in this case are similar to the facts in and that the facts established here are sufficient to rebut the presumption of marriage arising out of cohabitation, and repute.
Madras High Court Cites 12 - Cited by 0 - Full Document

Rajendran vs Saroja on 6 March, 2018

In Bachubhai V. Bai Dhanlaxmi A.I.R. 1961 Gujarat, 141 the Gujarat High Court did not find it possible to draw the presumption in a case where the cohabitation had lasted for less than two years. It is not possible to specify a particular period which can alone be considered as long enough for drawing the presumption. The length of the period which gives rise to the presumption would depend upon the facts. However, the period in the present case is so short or brief that we cannot consider the applicability of the presumption in the present case.
Madras High Court Cites 5 - Cited by 0 - M Dhandapani - Full Document

Rajendran vs Saroja on 6 March, 2018

In Bachubhai V. Bai Dhanlaxmi A.I.R. 1961 Gujarat, 141 the Gujarat High Court did not find it possible to draw the presumption in a case where the cohabitation had lasted for less than two years. It is not possible to specify a particular period which can alone be considered as long enough for drawing the presumption. The length of the period which gives rise to the presumption would depend upon the facts. However, the period in the present case is so short or brief that we cannot consider the applicability of the presumption in the present case.
Madras High Court Cites 5 - Cited by 0 - M Dhandapani - Full Document
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