CHALLAMMA versus TILAGA & ORS.

Citation: [2009] 11 S.C.R. 831 · Decided: 31-07-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed

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Judgment (excerpt)

[2009] 11 S.C.R. 831 
> 
CHALLAMMA 
A 
v. 
TILAGA & ORS. 
(Civil Appeal No. 4961 of 2009). 
JULY 31, 2009 
B 
is.a. SINHA AND CYRIAC JOSEPH, JJ.) 
HINDU MARRIAGE ACT, 1955: 
'-" 
s. 5 -
Marriage -
Validity of - HELD: Besides the c 
evidence brought on record to establish ingredients of a valid 
marriage, presumption can also be drawn having regard to 
the fact that a man and woman had been residing together 
for a long time and society accepted them as husband and 
wife - Evidence Act, 1872 - ss. 50 and 114. 
D 
j 
SUCCESSION ACT, 1925: 
s. 372 - Succession Certificate - Granted on the basis 
of evidence establishing that the deceased and the applicant 
had been residing together for a long period and the society 
E 
accepted them as husband and wife - HELD: No ,exception 
can be taken to the finding of the trial court that applicant is 
wife of deceased - Nominee of the holder of a policy u/s 39 
of Insurance Act could not be treated as equivalent to an heir 
- Amount of interest under the policy can be claimed by heir F 
in accordance with law of succession governing the parties -
Accordingly, mother of deceased has rightly been held by 
courts below to be entitled to 1/4th share only in his estate -
Insurance Act, 1938 - s.39 - Hindu Marriage Act, 1955 - s.5 
- Evidence Act, 1872 - ss. 50 and 114. 
G 
An application uls 372 of the Succession Act, 1925 
was filed by respondents no. 1 to 3 for grant of 
succession certificate after the death of one 'KS' which 
831 
H 
832 
SUPREME COURT REPORTS 
[2009] 11 S.C.R. 
A took place on 22.9.1988, stating that the deceased and 
respondent no. 1 married on 3.12.1984 and respondents 
2 and 3 were their children. The appellant, the mother of 
the deceased, opposed the application stating that the 
deceased was not married at all. She was shown as the 
B sole nominee in four life insurance policies obtained by 
the deceased. The trial court on considering the oral and 
documentary evidence recorded a finding that the 
deceased and respondent no. 1 lived together for a 
period over 3 years and 9 months and the society 
c accepted them as husband and wife, and held that a 
presumption of valid marriage should be drawn. 
Accordingly, the application was allowed. The first 
appellate court, while upholding the judgment, held that 
the appellant was entitled to 1/4th share in the estate of 
0 the deceased. The revision petition of the appellant 
having been rejected by the High Court, she filed the 
appeal. 
E 
On the. question: whether respondent no. 1 was 
married to the deceased or not, 
Dismissing the appeal, the Court 
HELD: 1.1. The question as to whether a valid 
marriage had taken place between the deceased and 
respondent no. 1 is essentially a question of fact. In 
F arriving at a finding of fact indisputably the trial court was 
not only entitled to analyze the evidences brought on 
record by the parties so as to come to a conclusion as 
to whether all the ingredients of a valid marriage as 
contained in s.5 of the Hindu Marriage Act, 1955 stood 
G established or not, a presumption of a valid marriage 
having regard to the fact that they had been residing 
together for a long time and were accepted in the society 
as husband and wife, could also be drawn. It is also well 
settled that a presumption of a valid marriage although 
H 
l. 
CHALLAMMA v. TILAGA & ORS. 
833 
is a rebuttable one, it is for the other party to establish 
A 
the same. Such a presumption can be validly raised 
having regard to s.50 of the Evidence Act, 1872. A heavy 
' 
. 
burden, thus, lies on the person who seeks to prove that 
no marriage has taken place. [Para 9 and 10) [837-C-D; 
839-C-E] 
B 
Tutsi vs. Durghatiya (2008) 4 SCC 520; Ranganath 
Parmeshwar Panditrao Modi vs. Eknath Gajanath Gajanan 
Kulkarni (1996) 7 sec 681 and Sobha Hymavathi Devi vs. 
Setti Gang9dhara Swamy (2005) 2 SCC 244, relied on. 
c 
1.2. Respondent no. 1 deposed as PW-1 before the 
trial court wherein she not only stated in great details the 
factum of her marriage but also produced a document 
styled as an 'agreement of marriage' which was 
regtstered with the office of Sub-Registrar. If on the basis 
D 
of the evidence on record, the trial court has arrived at a 
finding that the deceased had married respondent no. 1, 
no exception thereto can be taken. A long cohabitation 
and acceptance of the society of a man and woman as 
husband and wife goes a long way in establishing a valid 
E 
marriage. [Para 8 and 1 OJ [836-G-H;

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