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Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): B. S. Chauhan, Swatanter Kumar , JJ

(A) Civil P.C. (5 of 1908) , S.100— Second Appeal - Finding of fact - Interference - Permissible only if finding recorded by lower Courts is perverse - Question whether marriage between defendant and deceased could be presumed due to their long live-in relationship - Concurrent finding by lower Courts that such presumption cannot be raised as defendant was married and her marriage was subsisting - Interference by High Court with finding of fact - Improper - More so when interference was made by considering evidence of defendant only. (Para 13 17 18) (B) Hindu Marriage Act (25 of 1955) , S.16— Legitimacy of children born out of void/voidable marriages - Child born out of live-in relationship - Cannot claim right in coparcenary property of father - Fiction of legitimacy created by S.16 is limited to the extent of right in property of parents. (Para 28) .....