LAWS(KAR)-2019-9-329

GURUSIDDAWWA AND ORS. Vs. MUTTAWWA AND ORS.

Decided On September 25, 2019
Gurusiddawwa And Ors. Appellant
V/S
Muttawwa And Ors. Respondents

JUDGEMENT

(1.) Plaintiff Nos.1 and 2 in O.S.No.8/2017 on the file of the Principal Judge, Family Court, Dharwad have come up in this appeal impugning the judgment dated 03.11.2018.

(2.) Brief facts leading to this appeal are as under: Appellant Nos.1 and 2 herein would contend that appellant No.1 is the legally wedded wife of deceased Mallappa Konanavar, who was working as driver in respondent No.4-NWKRTC. According to the appellants, the marriage between appellant No.1 and Mallappa took place on 05.05.1982. It is stated that, during the said period he was not employed and he was carrying on agricultural activity. Subsequently, in the year 1993 he secured a job as driver in NWKRTC. In the meanwhile, it is stated that in the wedlock between appellant No.1 and Mallappa, appellant No.2-Nagavva was born. Thereafter, the said Mallappa died on 13.07.2016. After his death, the appellants herein approached respondent No.4-NWKRTC seeking terminal benefits enure to the estate of Mallappa and also for payment of family pension.

(3.) It is at that time, they were confronted with another set of claim by respondent No.1 to 3 herein wherein respondent No.1 would claim that she got married to Mallappa on 07.10.1994. In the wedlock she got two sons by name, Veeresh and Sunil who are referred to as respondent Nos.2 and 3 in this proceedings. Incidentally, respondent No.4 informed appellant Nos.1 and 2 that the deceased Mallappa had furnished information to the office that his legally wedded wife is respondent No.1- Smt.Muttawwa. It is in this background, the litigation between the parties was commenced in the suit in O.S.No.8/2017 being filed wherein to demonstrate the marriage between appellant No.1 and deceased Mallappa, the appellant No.1 who was plaintiff No.1 in the Court below adduced evidence as P.W.1 and they have also examined three witnesses as P.Ws.2 to 4 in support of their case. They produced in all 11 documents which are marked as Exs.P1 to P11. In that, Ex.P3 is the voters list of 1993 which clearly discloses that, as on that date, appellant No.1 was shown as wife of deceased Mallappa. Exs.P9 and P10-Election identity card and ration card of plaintiff No.1, Ex.P8-School certificate of plaintiff No.2, Ex.P5-Aadhar card of plaintiff No.1 and also Ex.P11- Marriage invitation card of plaintiff No.2 were relied upon to demonstrate the relationship as husband and wife between appellant No.1 and deceased Mallappa and also the relationship of father and daughter between appellant No.2 and Mallappa.