(1.) Legal lacings apart, the question is whether the appellant or first respondent in these Appeals (hereinafter called Saraswathy Amma and Padmavathy Amma, in that order) was the wife of deceased Krishnan Nair.
(2.) "On Krishnankutty Nair's death, Padmavathy Amma filed O.S.318/83 for a declaration that she was his wife. Likewise, Saraswathy Amma filed O.S.439/83 for a like declaration. The Trial Court held that both were wives of Krishnankutty Nair. The Appellate Court held that Padmavathy Amma was the wife, and that the marriage with Saraswathy Amma was not valid. Krishnankutty Nair married Padmavathy Amma in the year 1950 (date and month not stated) according to the custom of the community. Thereafter, they executed a Deed of Dissolution Ext. X1 on 17-2-1976 in accordance with S.6 of the Madras Marumakkathayam Act. Krishnankutty Nair then married Saraswathy Amma on 15-9-1977. Ext. B1 is the certificate of marriage. Later, Krishnankutty Nair made a settlement of some of his properties in favour of Padmavathy Amma on 14-9-1979 by Ext. A2, describing her as his wife. On 25-6-1983 Krishnankutty Nair died, raising the hornet's nest for the two women.
(3.) On the strength of Ext. A4 a certificate of heirship dated 28-10-1983 issued by a Tahsildar, Ext. A2 settlement and Exts. A5 to A7 letters, Padmavathy Amma contended that she was the widow of Krishnankutty Nair, entitled to inherit his properties, including service benefits. Saraswathy Amma, mainly on the strength of Ext. B1 certificate of marriage, also contended that she was the wife of deceased Krishnankutty Nair. As noticed, the Appellate Court held that the marriage between Padmavathy Amma and Krishnankutty Nair subsisted, that Ext. X1 was sham, and that the marriage between Krishnankutty Nair and Saraswathy Amma was invalid, for these reasons.