Scope of the presumption that could be drawn as to the relationship of marriage between two persons living together.
evidence Act S. 114
Their Lordships of the Privy Council laid down the general proposition that: ( Andrahennedige Dinohamy v. Wijetunge Liyanapatabendige Balahamy AIR 1927 PC 185)
“… where a man and woman are proved to have lived together as man and wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage.”
In Mohabbat Ali Khan v. Mohd. Ibrahim Khan AIR 1929 PC 135 Their Lordships of the Privy Council once again laid down that: (AIR p. 138)
“The law presumes in favour of marriage and against concubinage, when a man and a woman have cohabited continuously for a number of years.”
It was held that such a presumption could be drawn under Section 114 of the Evidence Act.