The Supreme Court, in Chowdamma (D) by LR and Another Versus Venkatappa (D) by LRs and Another (2025 INSC 1038), states that when a man and woman live together as husband and wife for a prolonged period, the law presumes a valid marriage in such a case.
This presumption is rebuttable. It can only be displaced by unimpeachable evidence. The burden lies on the person who challenges it and he has to disprove it with strong and credible material evidence.
The Court added that mere denial, reliance on revenue records, or absence of formal proof cannot defeat a relationship supported by consistent conduct, credible oral testimony, and long-standing recognition within the community.
In deciding this case the Supreme Court referred to its earlier decision in Dolgobinda Paricha v. Nimai Charan Misra [1959 AIR 914] and explained that when a court must form an opinion about the existence of a family relationship, the belief or conviction of a person with special means of knowledge becomes a relevant fact, under Section 50 of the Indian Evidence Act.
