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Smt.Margaret Palai VS Smt. Savitri Palai And Ors.

In the Honourable

High Court Of Orissa

In the matter of

State of Rajasthan...............................................................Appellant

V.
Mst.Bhuri Singh &Others..................................................Respondents

Counsel on behalf of Appellants

Akhil Gangesh

Semester V; Section C

Roll No. 14

Memorandum on behalf of Appellants Page 1


Smt.Margaret Palai VS Smt. Savitri Palai And Ors.

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

Memorandum on behalf of Appellants Page 2


Smt.Margaret Palai VS Smt. Savitri Palai And Ors.

LIST OF ABBREVIATIONS

& And

AIR All India Reporter

Anr. Another

Art. Article

C.P.C. Civil Procedure Code

Ed. Edition

Etc. Et Cetera

Lrs. Legal Representatives

Ors. Others

Para Paragraph

P. Page Number

Sec. Section

SC Supreme Court

SCC Supreme Court Cases

ipc Indian penal code

est. Established

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Smt.Margaret Palai VS Smt. Savitri Palai And Ors.

 Legislations:

Hindu Marriage Act, 1956

Hindu Succession Act, 1956.

 Cases:

 Books Reffered:
Dr. Paras Diwan, Modern Hindu Law, 22nd Ed.
Dr. Paras Diwan, Family Law, 9th Ed

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Smt.Margaret Palai VS Smt. Savitri Palai And Ors.

STATEMENT OF JURISDICTION
The appellant has approached the Honourable High Court of Orissa under
Article 96 of the Civil Procedure Code, 1903.

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Smt.Margaret Palai VS Smt. Savitri Palai And Ors.

STATEMENT OF FACTS

1. In the present case, the appellant married' to one Debendra Polai in


the year 1973 as per Hindu customs & adjusted herself in the
Hindu customs of the family. Debendra died on 17.5. 1987.

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.

3. During settlement operation, all the properties were recorded in the


name of Respondant No. 2 giving an impression that Debendra
died unmarried & issueless. It was further claimed that Respondent
No. 2 & Debendra had joint lease of salt cultivation wherefrom
Respondent No. 2 was getting an average income. The appellants,
being the members of the joint family, are entitled to a share from
the properties in question.

4. Accordingly, finding no other way, they filed the aforesaid suit.

Respondent No. 1 is the mother, Respondent No. 2 is the brother &


Respondent Nos. 3 & 4 are sisters of Debendra.

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Smt.Margaret Palai VS Smt. Savitri Palai And Ors.

QUESTIONS PRESENTED

1. Whether Appellant No. 1 is the married wife of Debendra & entitled to a


share in the ancestral property?

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Smt.Margaret Palai VS Smt. Savitri Palai And Ors.

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.

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Smt.Margaret Palai VS Smt. Savitri Palai And Ors.

WRITTEN SUBMISSION

Whether Appellant No. 1 is the married wife of Debendra &


entitled to a share in the ancestral property ?

Appellant No. 1, i.e, Margaret Palai is the married wife of Debendra &

entitled to a share in the ancestral property as Margaret & Debendra both

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

in various hindu festivals.

As in the case of S.P.S. Balasubramanyam v. Suruttayan alias Andali

Padayachi and Ors.1

the apex court held that a man & a woman continuously living under

same roof & cohabiting for a number of years, the law would raise

presumption that they lived as husband & wife. Therefore, according to

the case cited it has been proved that the marriage between appellant no.1

1
AIR 1992 SC 756

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Smt.Margaret Palai VS Smt. Savitri Palai And Ors.

that is Margaret Palai and Debendra Palai is a valid marriage and hence

she is entitle to get a share in the ancestral property.

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Smt.Margaret Palai VS Smt. Savitri Palai And Ors.

PRAYER FOR RELIEF

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:

 The appeal stands allowed.


 To give judgment on the issues rose in the favour of the appellant.

Or pass any other order which can be deemed fit in the spirit of justice, equity
and good conscience.

All of which is humbly submitted before the Honourable High Court of


Orissa.

Date: 10th October 2014 Counsel for Appellants

Place: Bhubhneshwar Akhil Gangesh

Roll No. 14

Section ‘C’ Semester III

Memorandum on behalf of Appellants Page 11