Correct option is C
The correct answer is
(c) Section 114. Section 114 of the Indian Evidence Act, 1872, allows Courts to presume the existence of certain facts based on common sense and human experience. One of the presumptions that can be drawn under this section is that continuous cohabitation of a man and a woman for a number of years may raise the presumption of a valid marriage between them.
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Explanation:
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Section 114 I.E.A.: This Section empowers the Court to presume the existence of any fact that it thinks likely to have occurred, based on the circumstances of the case. Continuous cohabitation over a long period can lead to the presumption that a marriage exists between the parties, unless proved otherwise. This presumption is based on the notion that cohabitation suggests a stable, marital-like relationship.
Information Booster:
1.
Presumption of Marriage: Continuous cohabitation and the conduct of the parties as husband and wife can lead the court to presume that a marriage exists, even if there is no formal marriage ceremony.
2.
Rebuttable Presumption: This presumption is rebuttable, meaning that evidence can be presented to prove that no marriage actually took place.
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Importance in Legal Disputes: This presumption can play a crucial role in legal disputes concerning inheritance, the legitimacy of children, and other family law matters.
Additional Information:
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Section 112 (a): Deals with the presumption of legitimacy of a child born during a valid marriage but does not address cohabitation.
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Section 50 (b): Relates to the relevance of opinion on relationships, such as marriage, based on conduct, but not specifically about cohabitation raising the presumption of marriage.
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None of the Above (d): Incorrect, as Section 114 is the relevant provision for presuming marriage based on long-term cohabitation.
