SARASWATHY Vs. RAVINDRAN PILLAI

JUDGEMENT

(1.) The defeated plaintiff in O.S.No.290 of 2007 of Family Court, Kollam, is the appellant herein. She filed that suit for declaring her status as the legally wedded wife of diseased Rajendran Pillai, for injunction both prohibitory and mandatory, and also for declaring partition deed No. 3018 of 2005 as null and void.

(2.) The siblings of deceased Rajendran Pillai were defendants 1 to 3, the Secretary of Co-operative Banks, where deceased Rajendran Pillai was having deposits, were defendants 4 and 5, and the President and Secretary of Sree Bhadra Devi Temple, Kayalazhikam, were additional defendants 6 and 7, in the suit and they are respondents Nos.1 to 7 in the appeal.

(3.) The case of the appellant is that she married deceased Rajendran Pillai as per Hindu Nair rites and custom on 24/1/1989 and thereafter, they were living together as husband and wife till his death on 2/9/2005. A schedule landed property, and B schedule Bank deposits absolutely belonged to him. After death of Shri. Rajendran Pillai, respondents 1 to 3, who are his siblings, evicted the appellant from that property, and they executed partition deed No.3018 of 2005, dividing the property among them. Since she is the legally wedded wife of deceased Rajendran Pillai having no issues, she is the sole legal heir to inherit his properties and other assets. So, according to her, respondents 1 to 3, have no right over A schedule property or B schedule Bank accounts/deposits. Hence, she filed the suit for the reliefs mentioned above.