KIZHAKKAYI DASAN Vs. KUNIYIL CHEEROOTTY

JUDGEMENT

(1.) The decree declaring the respondents herein as the wife and daughter of the appellant, is under challenge in this appeal.

(2.) The respondents filed a suit against the appellant seeking a declaration that they are his wife and daughter. The suit was initially decreed in favour of the respondents, but was reversed in appeal. When the matter was taken up in second appeal, this Court set aside the judgments and, after framing additional issues, remanded the case for disposal based on findings on those additional issues. The parties were also permitted to amend their pleadings and adduce further evidence. Meanwhile, with the establishment of the Family Court, Thalassery, the case was transferred to that court. By the judgment now under challenge, the Family Court allowed the claim of the respondents.

(3.) The brief facts necessary for the disposal of this case are as follows: The parties belong to the Hindu Thiyya community. The respondents contended that the first among them, Cheerootty, married the appellant, Dasan, on 23/10/1988, in accordance with the religious customs prevailing in their community, and that the second respondent was born in the wedlock on 30/11/1989. They alleged that Cheerootty and her daughter were later driven out of the matrimonial home by the appellant and his family members, and that he failed to maintain them. It was further stated that Cheerootty was married to one Balan when she was about 12 years old, and that the marriage was dissolved about six months later by a customary divorce, on observing the then prevalent formalities and rituals. A declaration was sought that the first respondent is the legally wedded wife of Dasan and that the second respondent is their daughter.