In the Honourable
In the matter of
State of Rajasthan...............................................................Appellant
V.
Mst.Bhuri Singh &Others..................................................Respondents
Akhil Gangesh
Semester V; Section C
Roll No. 14
TABLE OF CONTENT
1. List of Abbreviation----------------------------------------------------- 3
2. List of Cases--------------------------------------------------------------- 4
3. Statement of Jurisdiction------------------------------------------------- 5
4. Statements of facts------------------------------------------------------ 6
5. Questions Presented----------------------------------------------------- 7
6. Summary of Pleadings-------------------------------------------------- 8
7. Written submission------------------------------------------------------ 9
8. Prayer---------------------------------------------------------------------- 13
LIST OF ABBREVIATIONS
& And
Anr. Another
Art. Article
Ed. Edition
Etc. Et Cetera
Ors. Others
Para Paragraph
P. Page Number
Sec. Section
SC Supreme Court
est. Established
Legislations:
Cases:
Books Reffered:
Dr. Paras Diwan, Modern Hindu Law, 22nd Ed.
Dr. Paras Diwan, Family Law, 9th Ed
STATEMENT OF JURISDICTION
The appellant has approached the Honourable High Court of Orissa under
Article 96 of the Civil Procedure Code, 1903.
STATEMENT OF FACTS
2. The suit schedule lands are joint family properties of Debendra &
his brother. After death of Debendra, she became helpless &
demanded partition of her husband's share but all her attempts
became fruitless.
QUESTIONS PRESENTED
SUMMARY OF PLEADINGS
Dealing with the first issue, whether Appellant No. 1, i.e, Margaret Palai is
the married wife of Debendra & entitled to a share in the ancestral property?
The answer is yes, as Margaret & Debendra both were living in close
intimacy for the past one year & they were desiring to live as husband &
wife.
WRITTEN SUBMISSION
Appellant No. 1, i.e, Margaret Palai is the married wife of Debendra &
were living in close intimacy for the past one year & they were desiring
to live as husband & wife also both husband and wife had a daughter after
the marriage which clearly shows that the marriage was valid. The
marriage held between Margaret Palai and Debendra Palai was held
according to the Hindu customs and also after the marriage the wife
follows all the customs and rituals of the Hindu family and also took part
the apex court held that a man & a woman continuously living under
same roof & cohabiting for a number of years, the law would raise
the case cited it has been proved that the marriage between appellant no.1
1
AIR 1992 SC 756
that is Margaret Palai and Debendra Palai is a valid marriage and hence
Wherefore in the light of facts stated, issues raised, arguments advanced and
authorities cited. This Honourable Court may be pleased to pass a decision and
declare that:
Or pass any other order which can be deemed fit in the spirit of justice, equity
and good conscience.
Roll No. 14