VidhiSangh

Supreme Court of India · 13/06/2022

KATTUKANDI EDATHIL KRISHNAN & ANR. versus KATTUKANDI EDATHIL VALSAN & ORS.

[2022] 7 S.C.R. 1120 · 2022 INSC 643

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Summary

In a partition suit over property of a Thiyya family of Calicut governed by Mitakshara law, the plaintiffs claimed through Damodaran, one of four brothers, asserting that he had married Chiruthakutty in 1940 and that the first plaintiff was born of that union in 1942. The defendants said Damodaran died a bachelor. The trial court found long cohabitation, presumed a valid marriage and decreed a half share; the Kerala High Court, after an earlier remand was set aside by the Supreme Court, held the first plaintiff to be Damodaran's son but illegitimate for want of proof of marriage and dismissed the suit. The Supreme Court restored the trial court's decree.

Issues

  1. Whether long cohabitation of a man and a woman as husband and wife raises a presumption of valid marriage so as to make a son born of the relationship a legitimate coparcener entitled to partition, and on whom lies the burden of rebutting it.
  2. Whether, after a preliminary decree in a partition suit, the trial court should await a separate application for final decree or proceed suo motu under Order XX Rule 18 CPC.

Provisions considered

Held

Result

Appeals allowed; the Kerala High Court's judgment of 05.02.2009 in A.S. Nos. 102 and 107 of 1996 set aside and the trial court's preliminary decree for partition allotting the plaintiffs a half share restored; parties to bear their own costs; trial courts directed to take up final decree proceedings suo motu after passing a preliminary decree.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 1120.