P.N. PONNAMMA AND OTHERS Vs. VIJAYAMMA

JUDGEMENT

(1.) Aggrieved by the judgment dated 05.06.2012 in O.P. No. 172/2004 of the Family Court, Ernakulam, the petitioners came up with this appeal.

(2.) The O.P. was filed for a declaration that the first petitioner is the legally wedded wife of one deceased Narayanan and the remaining petitioners are the children born in that wedlock. The respondent claimed to be the second wife and contested the O.P. denying the status of first petitioner as the legally wedded wife and the status of the remaining petitioners who claimed to be the children of deceased Narayanan and for recovery of the immovable properties left behind by him. The Family Court found that there was no legal marriage between the first petitioner and deceased Narayanan and hence the petition was dismissed.

(3.) The respondent claims that she is the wife of deceased Narayanan and their marriage was solemnised in the year 1989. Exhibit P12 marriage certificate and Exhibit P13 registration details with the Municipality were produced to prove solemnisation of their marriage as on 12.05.1989. Exhibit P17 ration card of the year 1996-2000 showing the details of family members and their relationship was also produced. On the other hand, the petitioners relied on Exhibits A3 to A5 ration cards showing their relationship with the deceased Narayanan. Exhibit A6 voters list was also produced. Birth certificates of third and fourth petitioners were also produced and marked as Exhibits A7 and A8. In all these documents the status of Narayanan is stated as the husband of first petitioner and the father of remaining petitioners.