SARASWATHI AMMA Vs. PADMAVATHI AMMA

JUDGEMENT

(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 oh 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.) COUNSEL for Saraswathy Amma submits that by reason of S. 29 (2) of the H. M. Act, S. 6 of the Marumakkathayam Act is saved from exposure to S. 4. On the contrary, counsel for Padmavathy Amma submits that S. 29 saves only the right 'to' dissolution. S. 29 (2) reads: " Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of the Hindu Marriage, whether solemnized before or after the commencement of this Act. " (emphasis supplied)