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Documents citing Tulsa & Ors vs Durghatiya & Ors on 15 January, 2008

Harshit Namdev vs The State Of Madhya Pradesh on 20 July, 2024

16. It is true that there would be a presumption in favour of the wedlock if the partners lived together for a long spell as husband and wife, but, the said presumption is rebuttable though heavy onus is placed on 14 M.Cr.C. No.35340/2019 the one who seeks to deprive the relationship of its legal origin to prove that no marriage had taken place (refer: Tulsa and Others v. Durghatiya and Others).
Madhya Pradesh High Court Cites 22 - Cited by 0 - G S Ahluwalia - Full Document

Smt. Rabia Begam vs Mansur Ali on 26 November, 2021

[8] It appears from impugned judgment that the learned Judge, Family court examined the evidence adduced on behalf of the parties in great detail and having relied on the decisions of the Apex Court in Dwarika Prashad Satpathy Vs. Bidyut Prava Dixit & Anr. reported in (1999) 7 SCC 675, Tulsa & Ors. Vs. Durghatiya & Anr. reported in (2008) 4 SCC 540 and Santosh Vs. Naresh Paul reported in (1998) 8 SCC 447 came to the conclusion that there were no materials on record for the court even to be prima facie satisfied about the marital status of the parties. The Family Court therefore, declined to grant any maintenance allowance to the petitioner.
Tripura High Court Cites 12 - Cited by 0 - S G Chattopadhyay - Full Document

Sri. Ramesh S/O Narasimharao Patil vs Smt. Mangala W/O Raghavendra Kulkarni on 25 February, 2014

16. It is in this regard, the decision in the case of TULSA AND OTHERS VS. DURGHATIYA AND OTHERS reported in (2008) SCC 520, is relied upon. Discussing the provisions of Sections 50 and 114 illustration (d) of Evidence Act, Hon'ble Apex Court has held that though the presumption available under illustration (d) to Section 114 is a rebuttal presumption regarding marriage, long cohabitation as husband and wife raises such presumption. It is further 18 held that law always favours legitimacy of marriage and burden lies on the person who seeks to deprive such relationship to prove that no marriage took place. In order to raise a presumption as per illustration (d) to Section 114 of Evidence Act, evidence of persons who had seen these people living as husband and wife becomes admissible in evidence and the same will have to be properly looked into.
Karnataka High Court Cites 18 - Cited by 0 - A V Chandrashekara - Full Document
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