In Brief
The appellants sought partition of family property as legitimate heirs of Damodaran, claiming his son was born to him and Chiruthakutty in wedlock. The defendants denied any marriage. While the Trial Court found sufficient evidence of long cohabitation to presume a valid marriage, the High Court reversed, finding insufficient proof. The Supreme Court held that when a man and woman live together as husband and wife for many years, a strong presumption of lawful marriage arises. The defendants failed to rebut this presumption. Law favours legitimacy over bastardy. The High Court's judgment was set aside and the Trial Court's decree for partition was restored.
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