ISSUE:
What is the validity of marriage when there is a lack of conclusive proof?
Whether Will in the suit was rightly alleged to be legal?
RULE:
A strong presumption in favour of validity of marriage and legitimacy of its child recognises the marriage for all persons concerned. Law presumes in favour of marriage and against concubinage, when man and woman have cohabited continuously for long time. However, presumption can be rebutted by leading unimpeachable evidence.
Execution of document does not mean mechanical act of signing document or getting it signed, but intelligent appreciation of contents of document and signing it in token of acceptance of those contents. Proof of Will stands in higher degree in comparison to other documents.