uday gupta v. aysha

5/26/2018 uday gupta v. aysha

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Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (Crl.) No. 33! OF "!#$

(Crl M.P. No.%' o "!#$)

Uday Gupta Petitioner

Versus

Aysha & Anr. Respondents

O R D E R

Permission to file special leave petition is granted.

This petition has been filed by an Advocate of this ourt

though not a party before the !adras "igh ourt #herein the

$udgment impugned dated %.'.()%* had been passed in riminal

R.. +o.', of ()) ma-ing certain observation regarding the

relationship bet#een man and #oman and particularly the institution

of marriage.

!r. !.R. alla learned senior counsel appearing for the

petitioner has submitted that the observations made by the "igh ourt


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that /a valid marriage does not necessarily mean that all the

customary rights pertaining to the married couple are to be follo#ed

and subse0uently solemni1ed2 are not legally tenable. 3t has been

pointed out by !r. alla learned senior counsel that such

observations demolish the very institution of marriage itself and

therefore are liable to be set aside.

3n vie# of the nature of the order #e propose to pass #e do not

consider it necessary to issue notice to anyone.

4e have gone through the $udgment and order impugned and

perused the record of the case.

4e are of the vie# that such observations had been made in the

facts of that case. 3n fact #hat the learned 5udge #anted to say is that

if a man and #oman are living together for a long time as husband and

#ife though never married there #ould be a presumption of marriage

and their children could not be called to be illegitimate. 6uch a vie#

stands fully fortified by a very large number of $udgments.

This ourt in Maa* Mo+a* S,*-+ Or/. 0. Ra1*, 2a*t

A*r. A3R ()%) 6 (7** held as under89

/The courts have consistently held that the la# presumes

in favour of marriage and against concubinage #hen a

man and #oman have cohabited continuously for a

number of years. "o#ever such presumption can be

(


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rebutted by leading unimpeachable evidence. :Vide8

!ohabbat Ali ;han v. !ohd. 3brahim ;han A3R %7(7

P %*


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4ith these observations the special leave petition stands

disposed of.

.........................555555..J.

(DR. .S. CHAUHAN)

.............555555.555J.

(J. CHELAMES6AR)

Ne7 Del+,8

Apr,l "#8 "!#$

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uday gupta v. aysha

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