Recently, the Bombay City Civil Court dismissed a decades-old claim over a Kandivli residence, holding that a registered marriage certificate issued by a competent government authority carries greater evidentiary weight than a letter from a priest. The Court rejected the suit filed by a woman who asserted that she was the deceased man's first wife and therefore entitled to his property.
The plaintiff alleged that she had married the deceased panwala in 1971 as per Hindu rites and that two children were born from this relationship. However, the defendant produced a formally registered marriage certificate issued by the Sub-Registrar, Mumbai Suburban District, evidencing her marriage to the same man in January 1983. She also demonstrated long-term cohabitation with the deceased and continued residence in the disputed flat even after his death in 1996.
Judge C.S. Datir held that the plaintiff had failed to establish the existence of a valid marriage. The Court observed that when competing claims are placed on record, the official marriage certificate must prevail over an unverified letter issued by a priest, especially one produced nearly three decades after the alleged ceremony. The Court noted that neither the priest nor the individuals claimed to be witnesses had been examined, and no photographs or contemporaneous proof of the supposed 1971 marriage were submitted.
Conversely, the defendant’s registered marriage certificate, corroborative photograph, and evidence of continued possession of the premises were found to be credible and persuasive. Applying the principle of preponderance of probabilities, the Court concluded that the defendant’s version carried greater weight.
In light of these findings, the Court answered all issues against the plaintiff, holding that she and her children were not the legally recognised heirs and were not entitled to any declaration, title, or possession over the property.
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