Kerala HC: Re-Marriage With Ex-Husband Can Be Presumed Only On Proof Of Dissolution Of Intervening Marriage

The Kerala High Court held that a presumption of valid remarriage between a Muslim woman and her ex-husband can be presumed under Section 125 CrPC only if the dissolution of her intervening marriage is proved.

The Court clarified that mere long cohabitation cannot give rise to a presumption of marriage where a legal obstacle exists, such as the subsistence of a prior marriage.

Since the woman failed to prove dissolution of her second marriage, the presumption of remarriage could not arise.

However, noting that she deserved an opportunity to adduce evidence, the Court remanded the matter to the Family Court for fresh consideration after allowing both parties to lead further evidence.

[V.P. Abdurahiman v. C. Safiya]