Presumption of Marriage Archives

brief cohabitation cannot confer status of valid marriage

Neither an unproven local custom nor brief cohabitation can confer status of valid marriage; HP HC grants declaration to man that woman is not his wife

“Although the defendants claimed that the marriage was solemnised in accordance with the local custom known as Riwaj-e-Aam, no instances of such custom were cited, nor did their witness depose that any such custom was prevalent in the area. Similarly, cohabitation for a short duration of 7—8 months cannot justify a presumption of a valid marriage.”

Case Briefs High Courts

Divorced Muslim woman not entitled to maintenance under S. 125 CrPC without proof of Halala-compliant remarriage: Kerala High Court

“To raise the presumption of a valid marriage for Section 125 of CrPC based on cohabitation, the couple must be qualified to marry and not be within the prohibited degrees of marriage.”