VidhiSangh

Supreme Court of India · 15/11/2019

RATHNAMMA & ORS. versus SUJATHAMMA & ORS.

[2019] 14 S.C.R. 647 · 2019 INSC 1255

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Summary

A partition claimant asserted that she was the widow of her maternal uncle, relying principally on a registered agreement of marriage. The Supreme Court held that she bore the burden of proving a valid marriage and had established neither its solemnization through customary rites nor a custom permitting marriage within the prohibited relationship. The agreement was not a Special Marriage Act certificate and did not itself establish the marriage. The trial court decree rejecting her claim was restored.

Issues

  1. Whether the registered marriage agreement and witness assertions established a valid marriage for succession.
  2. Whether a custom permitting the prohibited relationship was pleaded and proved.

Provisions considered

Held

Result

Appeal allowed. The trial court’s judgment and decree were restored, rejecting the claimant’s entitlement to the estate on the basis of the unproved marriage.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 647.