A. MUTHAMIL ARASAN Vs. GOMATHI BAI

JUDGEMENT

(1.) This present Second Appeal arises out of the Judgment and Decree of the Court of the learned XVII Additional Judge, City Civil Court, Chennai in A.S. No.260 of 2015, dtd. 23/8/2016 in confirming the Judgment and decree of the Court of the learned IV Assistant Judge, City Civil Court, Chennai in O.S. No.1791 of 2013, dtd. 9/7/2015.

(2.) O.S. No.1791 of 2013 was presented by the Appellant for the relief of declaration that he is the legally adopted son of late Sadhu Sethulakshmi @ Sethulakshmi and late Arumugam and sought for the consequential relief of injunction restraining the Defendants and persons acting on behalf of the Defendants from denying and contending or publishing or sending any communication or submitting any record as against the Plaintiff's relationship as the son of the late Sadhu Sethulakshmi @ Sethulakshmi and late Arumugam. The Plaintiff has arrayed the 2nd wife of Arumugam as the 1st Defendant and the children born to Arumugam and the 1st Defendant, as Defendants 2 to 6.

(3.) It is the case of the Plaintiff that he was born on 20/2/1968 to one Muniyandipillai and Sarada Bai. Sarada Bai is the younger sister of the aforesaid Sadhu Sethulakshmi @ Sethulakshmi. The 1st Defendant/Gomathi Bai is her other sister. While the marriage with Sadhu Sethulakshmi @ Sethulakshmi was subsisting, Arumugam had married the 1st Defendant/ Gomathi Bai. The Plaintiff averred that four months after his birth, he was given in adoption by his biological parents i.e., Muniyandipillai and Sarada Bai to Arumugam and Sadhu Sethulakshmi @ Sethulakshmi. The latter had brought up the Plaintiff as their son giving him that status. They imparted education to him and he studied in the school that was run by the family.