KANDOTH VEETTIL NANI Vs. PUTHENPURAYIL @ UTHAN SAROJINI

JUDGEMENT

(1.) The first respondent in OP No.181/2007 is the appellant. The OP is filed by the first respondent herein seeking for a decree to declare that she is the legally wedded wife of deceased Kovvammal Damodaran.

(2.) The short facts that have arisen in the matter are as under: The parties are described as shown in the OP unless otherwise stated. According to the petitioner, she married Kovammal Damodaran on 4/4/1976 as per the religious rites and custom which prevailed in the community at Cherukunnu Annapoorneswary Temple. Damodaran died on 21/1/2006 while working in the telecommunication department. Until his death, the matrimonial relationship existed. She is the only legal heir to inherit the assets of Damodaran. When she requested the 2 nd respondent to release the service benefits of late Damodaran, they refused to do so and was informed that the first respondent was the nominee as per service records and she alone is entitled to receive the service benefits. Petitioner contended that first respondent is the legally wedded wife of one Kannan and a son was born in the said wedlock. She has not married Damodaran and has no right or authority to receive the service benefits.

(3.) First respondent filed written statement contending that the marriage alleged between petitioner and Damodaran was absolutely false. According to her, Damodaran has married the first respondent and being the legal heir, she is entitled to inherit the assets of her husband. The service benefits of Damodaran had already been disbursed to her and the petitioner has no right to claim any such service benefits. She further alleged that petitioner is the wife of one Krishnan and they have a daughter named Priya in the said wedlock.