RAVANASIDDAPPA Vs. MALLIKARJUN

JUDGEMENT

(1.) LEAVE granted.

(2.) THE first defendant had two wives- the third plaintiff (the first wife) and the fourth defendant (the second wife). THE first defendant had two children from the first wife, the third plaintiff, namely, the first and second plaintiffs; and another two children from his second wife, the fourth defendant namely, the second and third defendant.

(3.) THE Trial Court, by its judgment and order dated 28.7.2005, held that the first defendant had not been able to prove oral partition nor that he had divorced the third plaintiff. THE second marriage of the first defendant with the fourth defendant was found to be void, as it had been conducted while his first marriage was still legally subsisting. Thus, the Trial Court held that the third plaintiff was the legally wedded wife of the first defendant and thus was entitled to claim partition. Further, the properties were not self-acquired but ancestral properties and, therefore, the plaintiffs were entitled to claim partition of the suit properties. THE plaintiffs and the first defendant were held entitled to 1/ 4th share each in all the suit properties.