SUNDARAM HAMMOND Vs. PADMANABHAN K. AND ORS.

JUDGEMENT

(1.) The decision of the Court of the Subordinate Judge, Thiruvananthapuram in AS No. 105 of 2009 by which the suit OS No. 256 of 2007 on the file of the Court of the Munsiff, Thiruvananthapuram was remitted for fresh disposal, is under challenge in this appeal. The appellant is the defendant in the suit. OS No. 256 of 2007 is a suit instituted by the respondents seeking a decree of permanent prohibitory injunction restraining the defendant from trespassing into the plaint schedule property and for ancillary reliefs. The plaint schedule property belonged to one Thanu Pillai. The plaintiffs are the brothers and sister of Thanu Pillai. According to the plaintiffs, Thanu Pillai was leading a spiritual life and he died unmarried and issueless and consequently, on his death, the plaint schedule property devolved on them and they are in possession of the same. It was alleged that the defendant, who is a Christian by birth is attempting to trespass into the plaint schedule property pretending that she is the wife of Thanu Pillai.

(2.) The defendant contested the suit contending inter alia that Thanu Pillai married her in accordance with the provisions of the Special Marriage Act on 04/06/1994 and they were living thereafter as husband and wife. According to her, she being the wife of Thanu Pillai, the plaint schedule property devolved on her on the death of Thanu Pillai. It is also her case that she was earlier married to one Freemen who was also a Christian and the said marriage was dissolved by the Family Court, Bangalore on 16/03/1994, as they embraced Hinduism after the marriage.

(3.) Ext. B1 is the certificate of marriage of the defendant with Thanu Pillai issued by the Marriage Officer under the Special Marriage Act. Ext. B8 is the order passed by the Family Court, Bangalore in MC No. 657 of 1993 by which the Court dissolved the marriage of the defendant with her former husband under the Hindu Marriage Act. Ext. B9 is a certificate issued by Arya Samaj to the defendant stating that she embraced Hinduism on 26/03/1992, after undergoing a ceremony.