AIR 1947 PRIVY COUNCIL 168

Privy Council

(From Allahabad)

Hon'ble Judge(s): Lord Simonds, Lord Uthwatt, Sir John Beaumont , JJJ

Hindu law-Marriage-Parties-Caste-Marriage between Agarwala and Golwara valid-Presumption as to validity. Where a marriage has been duly solemnized and is thus a marriage in fact, there would be a presumption in favour of there being a marriage in law : 13 M.I.A. 141 (P.C.), Foll.(Para 7 8) The Shastras dealing with the Hindu law of marriage do not contain any injunction forbidding marriages between persons belonging to different divisions of the same Varna. The Golwaras are a sub-caste of the Vaishya caste and Agarwalas also being a sub-caste of the Vaishya caste, a marriage duly solemnized between an Agarwala by caste and a Golwara by caste is valid : 23 AIR 1936 P.C. 198, Rel. on. (Paras)