RAJEEVE Vs. SARASAMMA

JUDGEMENT

(1.) The marital status of the appellant and the first respondent is in dispute in this matrimonial appeal.

(2.) One Mr.S.Reghunathan, an employee of South Western Railways, died on 31/1/2009 while in service. After his death, the appellant as well as the first respondent claiming themselves to be his legally wedded wife came forward and raised rival claims before the Railways, the respondents 2 to 4, for his service benefits. Since the issue could not be settled at the official level, the first respondent instituted original petition before the Family Court, Thiruvalla (for short 'the court below') invoking S.7 (b), (c) and (d) of the Family Courts, Act, 1984 to declare her marital status as the wife of late Reghunathan and also for a permanent prohibitory injunction to restrain the respondents 2 to 4 from disbursing the family pension and other death benefits of late Reghunathan to the appellant and further to restrain the appellant from receiving the same. The court below allowed the original petition and granted the reliefs sought for to the first respondent vide the impugned judgment. The said judgment is under challenge in this matrimonial appeal.

(3.) We have heard Sri.Joseph George, the learned counsel for the appellant and Sri.Jacob P.Alex, the learned counsel for the first respondent.