SUBRAMANI AND OTHER Vs. KARTHIKAYIN NALLASIVAM AND OTHER

JUDGEMENT

(1.) The revision petitioners are the plaintiffs in the suit in O.S.No.39 of 2016 on the file of the District Munsif Court at Theni and the suit was filed seeking the relief of declaration to declare the marriage between the defendants 1 and 2 as null and void and various other reliefs. Pending disposal of the suit, the plaintiffs took out an application in I.A.No.395 of 2016 in O.S.No.39 of 2016 for sending the signature in the affidavit in I.A.Nos.278 and 279 of 2016 for comparison with other documents, namely, Vakalath and Ex.A5 (Memorandum of Marriage) and also for obtaining opinion as well as report from an expert. The said application was dismissed by the Trial Court, on the ground that Ex.A5 was not marked in the suit, aggrieved by which, the present revision petition has been filed.

(2.) It is the case of the revision petitioners that the 1st and 2nd plaintiffs are blood brothers and the 1st defendant is the daughter of 2nd plaintiff and the 2nd defendant is the son of 1st plaintiff, meaning thereby that they are brother and sister. While so, on 06.04.2015, the defendants got married to themselves and registered their marriage on the next day itself. It is the further case of the petitioners that there is a prohibitory relationship between the defendants existing on account of their marriage and therefore, the fathers of both the defendants have conjointly filed the suit for declaring the marriage as null and void.

(3.) The revision petitioners further state that the defendants / respondents are working in Gujarat and there is no possibility of the 1st respondent herein coming to Periyakulam for signing the affidavit. According to the petitioners, the signature as found in the affidavit in I.A.Nos.278 and 279 of 2016 is a forged one and unless or until, the same is sent for comparison with an assistance of an expert, the truth will not be brought out and the Court will be forced to proceed in the matter based on the false affidavit filed before it. Therefore, it is prayed that the order of the Trial Court has to be set aside.