JANE ANTONY Vs. V M SIYATH

JUDGEMENT

(1.) Right of succession of illegitimate children born to Christian parents is the bone of contention cropped up for consideration in this case. While considering this, following issues arise for consideration:

(2.) The appeal is directed against the award passed by Motor Accidents Claims Tribunal, Pala in O.P. (MV) Nos. 1073 and 1270 of 1995. The case of the appellants in brief is as follows:

(3.) We have heard the counsel appearing for the parties and have gone through the award. According to respondent Nos. 4 and 5, Dr. O.I. Antony married their mother as per an agreement dated 23.1.1990 and they were born in that wedlock. The respondent No. 4 was born on 8.11.1990 and respondent No. 5 was born on 16.9.1993 after the death of Dr. Antony. To discharge the burden of proving that respondent Nos. 4 and 5 are the children of the deceased Antony, RWs 1 to 3 were examined. RW 1 testified that on 28.5.1989 there was an advertisement in the matrimonial columns of Indian Express inviting proposals from suitable bride for the deceased to which her mother responded. Exh. B2 is the Indian Express newspaper and Exh. B2(a) is the relevant publication. According to RW 1, she was a Lieutenant working in the Nursing Department of the Military during the relevant period and during January 1990, she met the deceased Antony at Kottayam and they decided to marry and consequently registered a document at the Sub Registry Office, Thrissur on 23.1.1990. Exh. B8 is the said marriage document. In Exh. B8, it is stipulated that they have decided to live together as husband and wife by virtue of the said agreement and that the marriage will be solemnized as per the religious formalities and customs. It is also testified by RW 1 that herself and deceased Antony lived as husband and wife at her residence at Pala for about 1 1/2 months. She deposed that she became pregnant. Later she was transferred to Binnaguari in West Bengal and that the deceased Antony visited her thrice during that time. She also stated that both of them worked together at Pushpagiri Hospital, Kerala. The first child was born at Cochin Naval Base Hospital. RW 1 further stated that baptism of respondent No. 4 was performed on 27.12.1990 and that Exh. B10 is the baptism certificate of the respondent No. 4 issued from Uzhavoor Forane Church in which the name of the father of the child is shown as Antony and that of the mother as Mary. Exh. B11 is the birth certificate of the respondent No. 4 in which also her name and that of the deceased are shown as the parents of the child. RW 1 further deposed that when Dr. Antony died, she was pregnant and gave birth to the second child on 16.9.1993. RW 2 is the sister of RW 1. She also deposed that RW 1's marriage was performed on 23.1.1990 and she was residing with the deceased. She further stated that the deceased had been paying maintenance to RW 1. RW 3 is the home nurse who was deputed by the deceased Antony to nurse RW 1 after the birth of the first child. She deposed that she went along with deceased Antony to the residence of RW 1 and stayed there for about 10 months. According to RW 3, her remuneration was paid by deceased Antony. In the birth certificate of the second child, the name of the father is shown as Antony and that of the mother as Mary. Exh. B13 series are the photographs of deceased Antony, RW 1 and their first child taken during the birthday celebration of the first child. Exh. B14 series are the negatives of the photographs. The oral and documentary evidence would prove that respondent Nos. 4 and 5 were born to RW 1 through deceased Antony.