Case Note & Summary
The applicants, Smt. Aruna Gautam Kamble and her minor daughter Sneha, filed a Miscellaneous Application under Section 372 of the Indian Succession Act, 1925 before the Civil Judge Senior Division, Nanded, claiming a succession certificate in respect of the estate of deceased Gautam Kamble. They alleged that Aruna married Gautam on 14.09.1996 and Sneha was born from the wedlock on 21.06.2003. Gautam died in a motor vehicle accident on 20.12.2006. The respondents, including Gautam's mother (respondent No.4) and his siblings (respondent Nos.5 to 8), opposed the application, denying the marriage and claiming that Gautam was unmarried. The trial court dismissed the application, holding that the marriage was not proved. The applicants appealed to the District Court, Nanded, which dismissed the appeal. The applicants then filed the present Civil Revision Application before the Bombay High Court. The High Court framed the issue of whether the marriage was proved. The court noted that the applicants had produced evidence of long cohabitation, including a marriage invitation card, photographs, and testimony of witnesses. The court applied the presumption under Section 114 of the Indian Evidence Act, 1872, that when a man and woman live together as husband and wife for a long period and are so recognized by society, a valid marriage is presumed. The burden then shifts to the objector to disprove the marriage. The respondents failed to discharge this burden. The court also held that the Succession Court cannot decide questions of title; its function is limited to granting a certificate to the person who appears entitled. The High Court allowed the revision, set aside the orders of the lower courts, and directed the trial court to issue a succession certificate in favor of the applicants.
Headnote
A) Family Law - Succession Certificate - Presumption of Marriage - Section 372 Indian Succession Act, 1925 read with Section 114 Indian Evidence Act, 1872 - The court considered whether a marriage can be presumed from long cohabitation and public recognition. Held that when a man and woman live together as husband and wife for a long period and are so recognized by society, the law presumes a valid marriage, and the burden shifts to the objector to disprove it. (Paras 10-12) B) Civil Procedure - Jurisdiction of Succession Court - Limited Scope - Section 373 Indian Succession Act, 1925 - The court examined whether the Succession Court can decide questions of title. Held that the Succession Court is not a forum to decide title to property; its function is limited to granting a certificate to the person who appears entitled, leaving questions of title to be decided in a separate suit. (Para 13) C) Evidence - Burden of Proof - Marriage - Section 114 Indian Evidence Act, 1872 - The court analyzed the burden of proof when a marriage is challenged. Held that once the applicant proves long cohabitation and public recognition, the burden shifts to the objector to prove that no valid marriage existed. The objector failed to discharge this burden. (Paras 10-12)
Issue of Consideration
Whether the marriage between deceased Gautam Kamble and applicant No.1 Aruna is proved, entitling them to a succession certificate under Section 372 of the Indian Succession Act, 1925.
Final Decision
The Civil Revision Application is allowed. The impugned judgment and order dated 09.06.2020 passed by the Principal District Judge, Nanded, and the order of the trial court are set aside. The trial court is directed to issue a succession certificate in favor of the applicants.
Law Points
- Presumption of marriage under Section 114 of Indian Evidence Act
- 1872
- Section 372 of Indian Succession Act
- 1925
- Succession Court cannot decide title
- Burden of proof on objector to disprove marriage
- Validity of marriage based on long cohabitation and public recognition
