Case Note & Summary
The case involved a partition suit concerning the properties of Gurappa, who had multiple marriages. After Gurappa's death, his first wife Channavva claimed a share in his properties, leading to a legal dispute. Lingappa, the son of Gurappa's brother, filed a suit for partition, including Channavva and the children from Gurappa's second marriage as defendants. The trial court initially granted a preliminary decree for partition, but the defendants contested the legitimacy of the fourth defendant's marriage to Gurappa, claiming she was not lawfully married. The High Court restored the trial court's decree, leading to the present appeal. The Supreme Court examined whether the fourth defendant proved the custom of Udiki marriage and whether it implied the dissolution of her previous marriage. The court emphasized that customs must be proven, and once recognized, they do not require further proof. The court found sufficient evidence of the custom of Udiki marriage and its acceptance within the community, ultimately affirming the validity of the fourth defendant's marriage to Gurappa. The appeal was allowed, confirming the trial court's decree for partition. The court noted that the fourth defendant was accepted as Gurappa's wife and enjoyed family benefits posthumously, reinforcing the legitimacy of their union.
Headnote
A) Hindu Law - Customary Marriage - Proof of Custom - Section 57, Evidence Act, 1872 - The court held that customs must be proved, and the burden of proof lies on the person asserting it. The court recognized that when a custom has been judicially recognized, proof becomes unnecessary under Section 57(1) of the Evidence Act. (Paras 81B-F) B) Hindu Law - Udiki Marriage - Validity of Custom - Section 57, Evidence Act, 1872 - The court found that the custom of Udiki marriage among the Panchamasal Lingayats was ancient and unbroken, and the marriage of the fourth defendant was proved to have been customarily dissolved before her marriage to Gurappa. (Paras 84F-H; 85A)
Issue of Consideration
Whether proof of custom of Udiki marriage was adduced by the fourth defendant; whether Udiki marriage implied the dissolution of earlier marriage.
Final Decision
The Supreme Court allowed the appeal, affirming the trial court's decree for partition of 1/3 share in Gurappa's properties, recognizing the validity of the fourth defendant's marriage to Gurappa.
Law Points
- Hindu Law
- Udiki marriage
- customary dissolution of marriage
- burden of proof
- judicial recognition of customs
