VARGHESE K. V. Vs. MAGDALINE CLAUDIA @ MINI

JUDGEMENT

(1.) This original petition is filed challenging Exts.P4 and P5 orders by which the Family Court had dismissed an application for impleading the petitioners as additional petitioners 2 to 5 in the original petition. The original petition was filed by late Sri.K.J.Antony alleging that the marriage between him and the respondent was null and void. During the pendency of the original petition, petitioner expired and his brothers and sisters, claiming to be legal heirs of the petitioner, have filed IA No.3406/13 to implead them as legal heirs. The Family court dismissed the said application on the ground that since the deceased is no more, his brother and sister cannot be treated as parties to the marriage in order to prosecute the wife of the deceased. Consequently, by Ext.P5 order dated 24/3/2014, the OP has been dismissed.

(2.) Learned counsel for the petitioners submits that the Family Court has completely erred in dismissing the application for impleading. It is stated that the original petition was filed by Late Sri.K.J.Antony for a declaration that the marriage was null and void. The cause of action definitely succeeds to the legal heirs. As far as the respondent is concerned, though the deceased Antony married her, the status has to be declared by the Court. The declaration of status has other civil consequences as well and therefore, the Family Court should have impleaded the petitioners herein as additional petitioners in the OP.

(3.) Heard, the learned counsel for the respondent who supports the view taken by the Family Court.