JANAKI AMMA Vs. RAMA WARIER

JUDGEMENT

(1.) This second appeal concerns the question of a marriage: whether Rama Warrier of Thekkedethu Puthen Warriam had married the defendant Janakyamma, described in the plaint as residing in Thekkedethu Puthen Warriam. Certain facts are not in dispute. Rama Warrier inherited about 14 cents of land. Ho was employed in the Municipal service. The plaintiff (examined as P.W.I) is his sister. He had another sister, but she passed away prior to the death of Rama Warrier. Sankara Warrier, P.W.2 is the son of the deceased sister. The defendant had been staying with her sister and her sister's husband very close to Rama Warrier's residence. She originally belonged to Adoor, and had, according to her, accompanied her sister and brother inlaw when they moved to Kottayam. Anandavally Amma is the daughter born to her sister. Even as early as 1124 M. E. (1948), Rama Warrier and the defendant were known to each other. The mortgage dated 11-4-1124 evidences a mortgage by Rama Warrier in favour of the defendant.

(2.) The plaintiff would say that the defendant was only a dependant and a maid servant of Rama Warrier and that she had been already married to a police constable by name Ramakrishna Pillai who passed away later. The plaintiff would admit that Rama Warrier and the defendant were living together for about 10-20 years. According to the defendant, Rama Warrier's services were solicited for giving tuition to the defendant's niece. The acquaintance between Rama Warrier and the defendant later developed into intimacy and ultimately they got married. The marriage was not to the liking to the families of both Rama Warrier and the defendant. The defendant would contend that after a simple ceremony relating to the marriage conducted in 1125, they continued to live together and under the same roof thereafter till death did part them: Rama Warrier died on 22-6-1975.

(3.) The positive evidence in support of the marriage was given by D.W. 1, the defendant and a close neighbour of Rama Warrier, D.W.2. Strong reliance was placed on a document Ext. B1 gift deed executed on 10-9-1968 (about 7 years prior to the demise of Rama Warrier) in favour of Anandavally Amma, the niece of the defendant. The document makes reference to the defendant as the wife, in more places than one.