MATHAI KUNJAMMA Vs. GEEVARGHESE KOCHU KIRIAN

JUDGEMENT

(1.) Is a Christian daughter, still a Cinderella as regards her patrimony is a larger question subjected to debate and discussion at various levels. Are not the provisions of the Christian Succession Act to the extent the daughters are given a disadvantageous deal, violative of Art.14 of the Constitution of India is an issue which the Supreme Court is now in seisin of. (See the Hindustan Times dated 31-7-1983). The second appeal before me is a continuation of an attempt of a Christian girl to get back from her husband and her father inlaw what was given to her by her father by way of Sthreedhanam, more than fifteen years back.

(2.) The bridegroom's people, in accordance with the custom of the community, met in the house of the plaintiff on 18-1-1968. Persons present on the occasion included Rev. John Padiyara the priest of the parish and a lecturer in a College, examined as PW.2, P. D. Raju and Gee Varghese Kochumman - the trustee and accountant respectively of the St. Mary's Church examined as Pws. 3 and 4, and dw.3 a member of the bridegroom's party. According to the plaintiff, the Sthreedhanam was fixed in the sum of Rs. 8,001/-, and a sum of Rs. 5,001/- was given by the plaintiff's father to the defendants. Pasaram, the due of the Church in connection with the marriage of a girl in the parish, was paid on 10-2-1968 as evidenced by Ext XI.

(3.) The plaintiff and the 2nd defendant made their slow and graceful pace to the marriage altar on the 11th of February, 1968 with rosy hopes and great expectations. They took the marriage vow to live together in joy and in sorrow, in prosperity and in adversity and to be each other's companion till death parted them. The happy couple must have had due regard to the Biblical exhortations "to be fruitful and multiply" (Genesis 1 : 28). Plaintiff was big with a child by the end of the year. Little did she realise then that a seed of dissension too had already been sown.