LAW FOR ALL

Burden lies on Husband when took plea that he was already married Under the law, a second wife whose marriage is void on account of survival of the previous marriage of her husband with a living wife is not a legally wedded wife and she is, therefore, not entitled to maintenance under Section 125 Cr.P.C. for the sole reason that "law leans in favour of legitimacy and frowns upon bastardy1". But, the law also presumes in favour of marriage and against concubinage when a man and woman have cohabited continuously for a long number of years and when the man and woman are proved to have lived together as man and wife, the law will presume, unless the contrary is clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage. PYLA MUTYALAMMA @ SATYAVATHI .. Appellant Versus PYLA SURI DEMUDU & ANR. ..Respondents= 2011 (Aug. Part) judis.nic.in/supremecourt/filename=38394