LAWS(KER)-2018-4-57

MINI D/O SUMANGALA Vs. SUSEELA SARASWATHY VILASOM

Decided On April 06, 2018
Mini D/O Sumangala Appellant
V/S
Suseela Saraswathy Vilasom Respondents

JUDGEMENT

(1.) The appellants are the petitioners in OP No.1557/2003 on the file of the family court, Thiruvananthapuram. The aforesaid original petition was filed seeking a decree granting a declaration that the first appellant is the legally wedded wife of the late D.Prasad and appellants 2 and 3 are the children born out of the wedlock between the said Prasad and the first appellant and that they are entitled to get all the service benefits of the said Prasad. The first respondent is the mother of the deceased Prasad and the second respondent is his daughter born to the deceased first wife of the said Prasad. The third respondent is the Secretary, Kerala State Electricity Board and the fourth respondent is the Executive Engineer, Kerala State Electricity Board and they are impleaded in the original petition to represent the employer under whom the said Prasad was working at the time of his death. The respondents 1 and 2 opposed the said original petition disputing the status of the appellants 1, 2 and 3 as wife and children respectively of the deceased Prasad.

(2.) Heard the learned counsel for the appellants and the learned counsel for the first respondent.

(3.) On the rival pleas, both parties adduced evidence which consists of oral testimony of PW1 and DW1 and Exts A1 to A11 and B1 to B5 were marked. After considering the aforesaid evidence, the family court dismissed the original petition on a finding that the appellants failed to prove that the first appellant is the legally wedded wife of the deceased Prasad and the appellants 2 and 3 are the legitimate children born out of the wedlock between the first appellant and the deceased Prasad. The aforesaid finding, whereby the family court dismissed the original petition is assailed in this appeal on various grounds.