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Guest (Querist) 29 January 2013 This query is : Resolved
A has a son B. A dies suddenly, after that suddenly C claims to be the wife of A while distribution of property. B outrightly denies this fact of C. C says she was living with A from last 10 years. After investigation, It was found C and A were living together for 10 years and trial court arrived at the fact that the society accepted them as husband and wife, so they have to be treated like husband and wife. But B argued the marriage to be invalid as per Hindu Marriage Act, 1955. Presently the matter is before SC by a SLP opposing the trial court's decree.

So whether living 2gether for 10 years as husband and wife without fufilling the condition of HMA gives the status of husband and wife to parties or not.

plz suggest argument from the side of wife C.

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Devajyoti Barman (Expert) 30 January 2013
There are lot of decisions in this respect. Presumption of marriage on factual basis is valid piece of evidence.

Santosh Sharda (Expert) 01 February 2013
10 years is quite a long time and the lady will stand to gain in the court proceedings.

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