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december 1975

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.

MAHAMMADUNNI'S SON KAPPATTA KATHOKANDATH BAVA vs KUNHOOSA'S SON AMPALATH VEETTIL KUNNATHODATH MAHAMMADUNNI & · Niyam