Hindu Marriage Act, 1955
Section 7—Dismissal of suit seeking declaration of marriage as null and void for non-performance of Saptapadi—Appeal—Presumption of a valid marriage is not diminished simply because there is no direct or positive proof of the ceremony of Saptapadi having taken place—Appeal dismissed.
Held : It is admitted that the parties have been residing together, although the date of separation is disputed, and a child was born to the parties. When a child is born to such a couple, there arises a strong presumption that the marriage is legitimate. The presumption of a valid marriage is not diminished simply because there is no direct or positive proof of the ceremony of Saptapadi having taken place. On the contrary, if there is even some evidence showing that the parties went through a form of marriage, the presumption becomes stronger.
The Appellant himself has admitted that he was residing with the Respondent as husband and wife and only ceased cohabitation after 11.10.2016, upon learning that Saptapadi had not been performed.
The burden of proof being on the Appellant to establish that no Saptapadi was performed, an adverse inference cannot be drawn against the Respondent for not producing the marriage album to demonstrate the ceremonies. Even assuming such an album were produced, it cannot conclusively establish whether Saptapadi was performed.
There is no reason to interfere with the impugned judgment because the conclusion of the Family Court is plausible and possible. The appeal is dismissed.
[Paras 11 to 14]