Soosaipillai v. Parpathipillai – sllr 1985 volume 2 page 055

The case between SOOSAIPILLAI (applicant) and PARPATHIPILLAI (defendant-appellant) addressed the legal issue of whether a customary marriage, evidenced by the performance of a Kalam ceremony and subsequent cohabitation, constitutes a valid marriage for the purposes of maintenance. The court determined that the performance of recognized customary rites, combined with the parties’ cohabitation as husband and wife, gives rise to a presumption of a valid marriage unless such presumption is clearly rebutted. The legal principle reaffirmed is that, in the context of maintenance claims, the burden rests on the party denying the marriage to disprove its validity when reputable customs and continued cohabitation are established. The decision drew upon relevant case law and customs, emphasizing the