Hindu Marriage Act, 1955–Secs. 5, 11 & 16–Appellant filed a suit claiming the share of her brother M on the ground that he died unmarried and intestate–Claim of defendant R that she was in live-in relationship with the deceased–Trial Court found that R was married with one A who was alive at the time of filing suit and no legal separation became between R & A hence the question of live-in relationship did not arise–Suit was decreed accordingly–Findings reversed by High Court–Justification–High Court decided the factum of marriage by relying on the statements of DW 1 (Stepmother of M) which had already disbelieved by the Courts below by giving cogent reasons–High Court also re-appreciated the documentary evidence which was not permissible–Further the respondent did not come with the case that the property in question was self-acquired property–Held, the judgment of High Court deserves to be set aside.
