Supreme Court of India · 1989-03-28
SHAKUNTALABAI & ANR. vs L.V. KULKARNI & ANR.
- Citation / case number
- SC 1979/62705
- Court
- Supreme Court of India
- Petitioner
- SHAKUNTALABAI & ANR.
- Respondent
- L.V. KULKARNI & ANR.
- Author
- K.N. SAIKIA
- Bench
- K.N. SAIKIA
Judgment text excerpt
The Supreme Court held that in matters of Udiki marriage among Panchamasal Lingayats, the burden of proof lies on the party asserting the custom. The Court emphasized that customs must be proven and cannot be extended by analogy or logical reasoning. The appeal was allowed, restoring the trial court's decree for a 1/3rd share in the property, as the fourth defendant failed to prove the custom of Udiki marriage and its implications on the dissolution of the earlier marriage.