CHEERUTTY Vs. DASAN

JUDGEMENT

(1.) The appellants are mother and daughter. They filed a suit before Munsiff Court, against respondents for declaration that they are his wife and daughter. The said suit was decreed with cost by granting the declaration as prayed for. In appeal, the SubCourt partly allowed the appeal. The declaration in respect of child was confirmed but the decree declaring first appellant as the legally wedded wife of respondent was set aside. Challenging the above decree and judgment of the Lower Appellate Court, this second appeal is filed.

(2.) Facts briefly: According to appellants, first appellant was married to respondent on 23.10.1988 in accordance with the custom prevailing in their community. The second appellant is the daughter bom in the said wed lock, on 30.11.1989. The lst appellant was driven out of the matrimonial house by respondent and his family members on 03.05.1989. The respondent failed to maintain his wife and child and hence a petition was filed claiming maintenance under S. 125 CrPC and order was passed in favour of second appellant. Since the proceedings in Criminal Court is summary in nature, the factum of marriage was not considered in detail.

(3.) First appellant has a case in the plaint that she was married to one Balan when she was 12 year old and after about six months of marriage, first marriage of first appellant was dissolved by customary form of marriage, by observing the formalities and rituals prevalent at that time and now, among the Thyyas of north Malabar. Hence, the suit was filed to declare 1st appellant to be the legally wedded wife of respondent.