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march 1989

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.

SHAKUNTALABAI & ANR. vs L.V. KULKARNI & ANR. · Niyam