Supreme Court of India · 1975-12-02
MAHAMMADUNNI'S SON KAPPATTA KATHOKANDATH BAVA vs KUNHOOSA'S SON AMPALATH VEETTIL KUNNATHODATH MAHAMMADUNNI &
- Citation / case number
- SC 1970/60127
- Court
- Supreme Court of India
- Petitioner
- MAHAMMADUNNI'S SON KAPPATTA KATHOKANDATH BAVA
- Respondent
- KUNHOOSA'S SON AMPALATH VEETTIL KUNNATHODATH MAHAMMADUNNI &
- Bench
- RAY, A.N. (CJ)
Judgment text excerpt
The Supreme Court upheld the High Court's finding that defendant No. 3 was married to defendant No. 1 during a lucid interval, despite the appellant's claims of her mental unsoundness. The Court emphasized that once a person is adjudged insane, the presumption of insanity continues until proven otherwise. The evidence presented, particularly from a teacher who attended the marriage, supported the High Court's conclusion that defendant No. 3 consented to the marriage, thus affirming the High Court's decision.