S. MUTHULAKSHMI Vs. RECORD OFFICER

JUDGEMENT

(1.) The plaintiff, who filed a suit for declaration that she is the legally wedded wife of one deceased Swamidoss and for mandatory injunction, directing the defendants to pay the family pension amount and other benefits to her has filed the above Second Appeal.

(2.) The brief facts which are necessary for the disposal of the Second Appeal are as follows:-

(3.) It is also stated by the plaintiff that the said Thangapackiam had executed a deed of dissolution of marriage. After the said dissolution, on 7/5/1976, the plaintiff married Swamidoss according to Hindu Rites and Customs. Out of the wedlock, they also begot a female child by name Thangakani Adhisaya Kumari. The divorced wife Thangapackiam also died on 20/4/1997. The deceased Swamidoss, the plaintiff and her daughter were living together till the date of death of Swamidoss. The first defendant also had sent a sum of Rs.3,000/- for funeral expenses of Swamidoss to the plaintiff. After the death of Swamidoss, the first defendant stopped sending the family pension amount. Therefore, the plaintiff sent a request on 4/5/2005 for which there was a reply on 24/5/2005 by the first defendant stating that the marriage between the plaintiff with Swamidoss was not legal and that Swamidoss had not divorced his wife Thangapackiam in a Court of Law.