Rebuttable presumption of valid marriage arises from long cohabitation as husband and wife, unless clearly disproved.

Long and continuous cohabitation of a man and woman as husband and wife gives rise to a rebuttable presumption of valid marriage under the evidentiary principles reflected in Sections 114 and 50 of the Indian Evidence Act, with the burden resting heavily on the party denying the marriage to displace that presumption by clear evidence. On the facts stated, continuous cohabitation after the death of Mangal supported the presumption, and the contrary finding that Lolli was not the legally married wife of Radhika was not sustained on the record.

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Issues: Whether long and continuous cohabitation of a man and woman as husband and wife raises a rebuttable presumption of valid marriage, and whether such presumption stood rebutted on the evidence on record.

Analysis: A presumption of marriage may arise from the common course of human conduct where a man and woman live together for a long period as husband and wife. Such a presumption flows from the evidentiary principles embodied in Section 114 of the Indian Evidence Act, 1872, read with Section 50 of that Act, and is founded on the law's inclination in favour of legitimacy. The presumption is rebuttable, but the burden lies heavily on the party denying the marriage to establish that no valid marriage took place. On the facts found, the evidence showed continuous cohabitation of Lolli and Radhika after the death of Mangal, and the contrary conclusion of the first appellate court was not supported by the record.

Conclusion: The presumption of valid marriage was attracted and was not rebutted; the finding that Lolli was not the legally married wife of Radhika could not stand, and the restoration of the trial court's decree was warranted.

Ratio Decidendi: Continuous cohabitation of a man and woman as husband and wife raises a rebuttable presumption of valid marriage, and the presumption can be displaced only by clear evidence to the contrary.

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