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Supreme Court of India 2019-11-15 allowed

RATHNAMMA vs SUJATHAMMA

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

A widow claimed to be the valid wife of her deceased husband and sought a share in his ancestral property. The marriage was alleged to have been documented only as an agreement registered at a Sub-Registrar's office without any evidence of customary Hindu marriage ceremonies. The Court held that merely registering an agreement of marriage is insufficient; a valid Hindu marriage requires actual solemnization with proper ceremonial rites including saptapadi. The Court further rejected the widow's claim that a custom permitted marriage between uncle and niece, noting no such custom had been proved in the Vokkaliga community. Since the widow failed to establish a valid marriage, she was not entitled to any share in the property. The appeal was allowed and the trial court's decree dismissing the suit was restored.

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Hindu Marriage Succession Partition Evidence Custom and Usage Proof of Marriage Family Law

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