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Head Note

Civil Law  - Will

Suspicious Circumstance - When the Will was being executed, the thumb impression over the alleged Will was also taken by the beneficiaries and the document-writer was shown to be scribe of the document, whereas the document was not scribed by him - However, late 'P' although filed written statement before her death, but she did not whisper anything about the Will in the written statement - Admittedly, the Will was allegedly executed in 1977 whereas the written statement was filed sometime in 1987 - Do not find any error in the conclusion arrived at by the High Court that there are suspicious circumstances of the execution of Will.

Civil Law  - Presumption as to Marriage

When a man and woman have cohabited continuously for a long time - However, the presumption can be rebutted by leading unimpeachable evidence - A heavy burden lies on a party, who seeks to deprive the relationship of legal origin - Instead of adducing unimpeachable evidence by the plaintiff, a plea was taken that the defendant has failed to prove the fact that 'P' was the legally married wife of 'C' - Relationship of 'C' and 'P' has not been denied - It has also not been denied that they had been living together as husband and wife in a joint family - In the fact of the case there is strong presumption in favour of the validity of a marriage and the legitimacy of its child for the reason that the relationship of 'C' and 'P' are recognized by all persons concerned - High Court held to have come to a correct conclusion by recording a finding that 'P' was the legally married wife of 'C'.

Topic(s)-Suspicious Circumstance - Will not valid