THACHAMBATH PADMINI AMMA Vs. KIZHAKKE THACHAMBATH KARTHIYANI AMMA

JUDGEMENT

(1.) Whether it is permissible to apply Section 16 of Hindu Marriage Act, 1955 invariably in all cases wherein there is denial of solemnization of marriage or paternity or legitimacy of the child who claims right over the property and whether it can be raised as a defence in a suit for partition, is the question came up for consideration in this appeal.

(2.) The suit is for simple partition by the daughter of one Gopalan Nair claiming that she is the daughter born to Nani Amma. She was aged 51 at the time when the suit was filed. The defendants inter alia contended that Gopalan Nair never entered into any marriage and as such denied her claim over the property. The suit was dismissed by both the courts below on the reason that the plaintiff failed to prove solemnization of marriage between her father and mother by applying Section 16 of Hindu Marriage Act, 1955. It was also found that Ext.A4 school Admission Register is not sufficient to infer any valid marriage and that without proving solemnization of marriage, the plaintiff cannot maintain a suit for partition. Aggrieved by the said decree and judgment, the plaintiff came up with this appeal.

(3.) It was submitted by the respondent that Gopalan Nair never entered into any marriage and as such the claim of plaintiff will not stand unless there is evidence to show solemnization of marriage, by relying on the decision of a Division Bench of this Court in Jayachandran v. Valsala ( 2016 (2) KLT 81).