HILDA SAROJINI DEVI Vs. AMBUJAM FLORENCE ANBU

JUDGEMENT

(1.) This second appeal is filed at the instance of the second defendant (since deceased). The respondents 2 to 4 are the defendants before the trial Court.

(2.) For the sake of convenience, the parties will be referred to according to their litigative status before the Trial Court. The brief facts which give rise to the instant Second Appeal are as follows:

(3.) According to the plaintiff, she is the wife of one late John Thaskood and that their marriage was solemnized as per Christian rites and customs on 22/2/1984 and the marriage was registered at the Office of the Marriage Registrar, Ootacamund. Out of the wedlock, the plaintiff has begotten a child on 16/7/1988 by name Vinoth Thaskood and that the child was baptized on 2/9/2019. While so, John Thaskood died on 21/12/1990 leaving behind the plaintiff and his son Vinoth Thaskood as his legal representatives and heirs to succeed his estate. While so, the second defendant claiming to be the wife of John Thaskood, attempted to interfere with the possession of the suit property. The defendants 1 and 2 gave a petition before the Collector of Nilgiris by falsely claiming that they are the sister and wife of John Thaskood. The Collector, thereupon passed an order asking the plaintiff to establish her rights through Court of law. Hence, the plaintiff has filed the present suit for declaration that she is the legally wedded wife and also consequently, sought the relief of injunction.