JAGANNATHAN Vs. RAMAYEE

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated 4.9.1991 rendered in A.S.No.5 of 1991 by the Court of Principal Subordinate Judge, Coimbatore, thereby confirming the judgment and decree dated 28-03-1990 rendered in O.S.No.1250 of 1989 by the Court of I Additional District Munsif, Coimbatore.

(2.) Tracing the history of the case, it comes to be known that the appellant herein has filed the suit in O.S.No.1250 of 1989 on the file of the Court of I Additional District Munsif, Coimbatore, against the respondent herein praying for declaration that the defendant is not the legally wedded wife and consequently, she is not entitled to claim any maintenance against the plaintiff.

(3.) In the plaint filed before the trial Court, the appellant would submit that the plaintiff married one Bakkiam in the year 1976 and she is the legally wedded wife; that the defendant was residing in Sokkampudur and the plaintiff used to talk to her often; that the plaintiff was forced to sign on an agreement to marry the defendant and it was executed on 23.4.1976 and the same was also registered; that repudiating the agreement, on 24.4.1976 itself he sent a notice to the defendant, but there was no reply; that on 23.4.1976 the defendant sent a notice to the plaintiff claiming maintenance on the ground that she was married to him and a child was born out of their wedlock; that the plaintiff sent a reply denying the marriage and paternity of her son; that the defendant filed a petition under Section 125 of the Cr.P.C. for maintenance before the Court of I Cl ass Magistrate, Coimbatore and the said petition was allowed and further appeals against the same before higher forums were dismissed.