SATHYABHAMA AMMA Vs. RUGMINI AMMA

JUDGEMENT

(1.) This original petition under Article 227 of the Constitution of India is filed challenging Ext.P4 order passed by the Family Court, Nedumangad in I.A. No.2316/2014 in O.P.No.1264/2014. The petitioner herein is the petitioner before the court below in O.P.No.1264 of 2014, filed against the respondents herein, seeking declaration that she is the legally wedded wife of late Sri. Chellappan Pillai, S/o.Madhavan Pillai. Inter alia, the petitioner had sought for a declaration that the decree obtained by the 1st respondent herein in O.S. No.179/2015 of the Family Court, Nedumangad is vitiated by fraud, and hence to set aside the said decree.

(2.) The case pleaded before the court below is that the petitioner is the legally wedded wife of late Sri. Chellappan Pillai, their marriage being solemnized on 20th Edavam 1149 (M.E.) at the petitioner's residence, as per customary rites prevailing in the Hindu community. The said marriage was duly registered at the N.S.S. Karayogam, Malackal, as evident from the certificate issued to that effect. After the marriage, the petitioner lived with Sri. Chellappan Pillai at his house and two children were born out of the said wedlock. Sri. Chellappan Pillai, who was working as 'Office Assistant' under the 2nd respondent, retired from service on 31.12.1998 and he died subsequently. The deceased furnished name of the petitioner as his legal heir before the 2nd respondent. But the 1st respondent raised a claim that she is the legally wedded wife of Sri. Chellappan Pillai, which was denied by the deceased husband. Therefore, she filed a suit for declaration as O.S. No.179/2005 before the Family Court, Thiruvananthapuram contending that late Sri. Chellappan Pillai had married the 1st respondent as per customary rites, on 8th Chingam 1133 (M.E) and subsequently a Marriage Udampadi was registered on 21.8.1957 at SRO, Attingal. The 1st respondent claimed that they lived together as husband and wife at her house and two children were born out of their wedlock. According to the 1st respondent, after the birth of the 2nd child their relationship got strained and late Sri. Chellappan Pillai was residing along with the petitioner. The suit, O.S. No.179/2005 filed by the 1st respondent got decreed.

(3.) According to the petitioner, the fact regarding the filing of O.S.179/2005 or its decree was not disclosed to her, till she approached the 2nd respondent for collecting the pensionary benefits of late Sri. Chellappan Pillai. On coming to know about the decree passed in O.S No.179/2005, the petitioner challenged the said decree before this court in Mat.Appeal No.528/2010. In the said appeal, all other legal heirs of the deceased Chellappan Pillai were impleaded. The said appeal was ultimately dismissed by this court confirming the decree obtained by the 1st respondent in O.S. No.179/2005, as per judgment dated 23.10.2014. The Original Petition No.1264/2014 was filed alleging that the 1st respondent had obtained the decree in O.S. No.179/2005 by fraud. It is specifically alleged that, the 1st respondent was the legally wedded wife of one Sri.Thankappan Pillai, who is a native of Kollam and there was a child born out of the said wedlock named Baby Girija. It is contended that the 1st respondent had executed a settlement deed in respect of the properties in favour of the said Baby Girija, in the year 1975. It is also contended that in the marriage of Smt.Baby Girija the 1st respondent and her children along with Sri. Thankappan Pillai and his family members have participated. It is also contended that, the facts pleaded on the basis of which the 1st respondent had obtained the decree, is patently incorrect and erroneous. So many other circumstances were also pleaded to show that the decree in O.S No.179/2005 was obtained fraudulently.