LI Network
Published on: January 22, 2024 at 11:00 IST
The Kerala High Court has made a significant observation, stating that cohabitation between a man and a woman cannot be deemed a valid marriage if it occurs during the subsistence of another marriage.
The Bench, consisting of Justice Anu Sivaraman and Justice C Pratheep Kumar, held that the presumption of marriage arising from continuous cohabitation is rebuttable.
The Family Court sided with the 1st respondent, declaring her as the legally wedded wife. The deceased was alleged to have married the 1st respondent on April 27, 1966, through religious rites, while the 1st appellant claimed the marriage date was March 28, 1970.
The pivotal question before the court was whether cohabitation during an existing marriage could be considered a valid marriage.
The Court emphasized that while continuous cohabitation might create the presumption of marriage over several years, it is not inflexible.
The ruling stated, “from the evidence on record, it is proved that on April 27, 1966, Ramakrishnan Nambiar married the 1st respondent, and during the subsistence of the above marriage, he is alleged to have married the 1st appellant. The second marriage with the 1st appellant is void in view of Section 5(i) r/w Section 11 of the Hindu Marriage Act.”
The Court concluded that there was no irregularity or illegality in the impugned judgment, leading to the dismissal of the appeal.
Case Title: T Rema & Ors. vs AK Radhamani & Anr.
