K.PASUPATHY Vs. SHIYAMALA DEVI

JUDGEMENT

(1.) The appellant/fifth defendant has come forward with this Second Appeal challenging the Decree and Judgment passed in A.S.No.88 of 2010, dated 22.08.2011, by the Subordinate Court, Pudukkottai by modifying the judgment and decree passed in O.S.No.128 of 2005, dated 30.06.2010, by the District Munsif Court, Pudukkottai for granting declaration that the first respondent / plaintiff is the legally wedded wife of the deceased Govindan and the first respondent / plaintiff is entitled to family pension and the plaintiff and the defendants 4 and 5 are entitled to other gratuity and retirement benefits.

(2.) Heard the learned counsel for the appellant, the learned Counsel for the respondents and perused the materials available on record.

(3.) The first respondent/plaintiff filed a suit for declaration that she is the legally wedded wife of the deceased Govindan, who worked as Live -Stock Inspector in Animal Husbandry Department, Pudukkottai. He died on 22.08.2004, while he was in service. The marriage between the plaintiff and Govindan has been performed on 19.11.1972. Due to lawful wedlock, she gave birth to four daughters viz., Latha @ Gomathi, Seetha @ Gokila, Sudha and Parasakthi and they were given marriage. While Govindan died, except this plaintiff, no one is the wife. Govindan filed a divorce application in H.M.O.P.No.104 of 1988, on the file of the Subordinate Court, Thanjavur and that has been dismissed and he preferred an appeal in C.M.A.No.15 of 1991, before the District Court, Thanjavur and it was also dismissed. The plaintiff also filed an application for claiming maintenance before the Judicial Magistrate Court No.IV, Trichirappalli and maintenance has been awarded. She has received a notice from the first defendant stating that she is the wife of the deceased Govindan and herself and her two children are entitled to 1/2 share in the pensionary benefits and his pension and death -cum - retirement benefits. Hence, the plaintiff is constrained to file the suit for declaration that she is the legally wedded wife of the deceased Govindan and she alone entitled to all the terminal benefits and pension due from the second defendant and also costs.