PUSHPAVATHI AMMAL Vs. SENDHAMARI @ MEENAKSHI

JUDGEMENT

(1.) Challenge in this second appeal is made to the judgment and decree dated 29.04.2002 passed in A.S.No.16 of 2002 on the file of the Additional District Judge, Fast Track Court, Thiruvallur District, reversing the judgment and decree dated 16.01.1999 passed in OS.No.195 of 1997 on the file of the District Munsif Court, Thiruvallur.

(2.) Parties are referred to as per their rankings in the trial Court

(3.) Suit for Declaration and permanent injunction. The case of the plaintiff in brief is that the plaintiff married the deceased Chamraj on 09.09.1973, who was working as the Teacher as per the Hindu Rites and Customs and out of the said wedlock, they are blessed with two sons viz., Vijayakumar and Govindaraj and one daughter viz., Narmadha and after the marriage during the year 1996, misunderstanding arose between the plaintiff and her husband Chamraj and on account of the same, the plaintiff has been forced to live separately in her mothers residence leaving her husband and thereafter, the plaintiff heard that Chamraj had married the 4th defendant on 08.09.1986 against law and in this connection, the plaintiff has lodged Criminal Complaint against the deceased Chamraj and others in CC.No.1550 of 1989 on the file of the Judicial Magistrate Court No.1, Thiruppathur and the petitioner has also preferred OS.No.87 of 1989 against the Chamraj claiming maintenance and on account of the compromise between the parties through the Mediator, the plaintiff did not prosecute the above said criminal case and the civil suit. However, the plaintiff status as the wife of the Chamraj was subsisting and continued and Chamraj died in harness on 02.02.1997 and in the invitation card with reference to the death ceremonies of Chamraj, the name of the 4th defendant has been printed suppressing the status of the plaintiff as the wife of the deceased Chamraj and the plaintiff is also learned that the defendant 1 to 3 are making attempts to disburse the death benefits of the deceased Chamraj in favour of the 4th defendant to which the 4th defendant is not entitled to and in this connection, the plaintiff has sent a notice and the same is not on clauses and the plaintiff has also been informed that in as much as the name of the 4th defendant has been entered in the service register of the deceased Chamraj as Nominee entitled to receive the death benefits. The plaintiff being the legally wedded wife of the deceased Chamraj and entitled to receive the service benefits has been ......to lay the suit for appropriate relief. The case of the defendant 1 to 3 in brief is that the defendants are not aware about the marriage between the plaintiff and Chamraj on 09.09.1973 and also not aware of the circumstances under which the plaintiff is living separately from her husband from 1986 onwards and also not aware of the proceedings instituted by the plaintiff against her husband in the criminal case and Civil Court has stated in the plaint. The deceased Chamraj while working as Teacher died in harness and accordingly the 4th respondent and children of the deceased Chamraj has presented requisition for disbursing the death benefits and while so, in as much as the petitioner also presented a petition claiming that she alone is entitled to receive the death benefits and the allegation of the plaintiff that the defendants 1 to 3 are attempting to disburse the death benefits to the 4th defendant against the provisions of ........and the defendants are bound by the orders that may be passed in the suit. He had to comply with the directions of this Court and hence, the suit is liable to be dismissed. The case of the 4th defendant in brief is that the suit lay by the plaintiff is not maintainable either in law or of benefits .....with the plaintiff married deceased Chamraj in the year 1973 and out of the said wedlock, two sons and one daughter were born to them and it is false to state that the deceased Chamraj illegally married 4th defendant as second wife on 08.09.1996 and on the other hand, on account of the illicit relationship developed by the plaintiff with others during the subsistence of her marriage with the deceased Chamraj love having lost between the two. The plaintiff was sent out of the residence by the deceased Chamraj and thereafter, the plaintiff has been living separately having no communication with the deceased Chamraj whatsoever and on account of immoral character of the plaintiff and other activities, the deceased Chamraj was put to great loss and hardship and the criminal case and the civil suit laid by the plaintiff has stated in the pliant were dismissed and it is false to state that plaintiff continue to be the legally wedded wife of the deceased Chamraj and in the presence of Panchayatars named in the written statement as per the Custom prevalent in the community of the parties, the petitioner had removed her Thali and handed over the same to the deceased Chamraj and thereby, the marriage between the plaintiff and the deceased Chamraj was put to an end and thereafter, the plaintiff is not entitled to claim that she still is the legally wedded wife of the deceased Chamraj and accordingly, thereafter, the deceased Chamraj married the 4th defendant and accordingly, the deceased Chamraj has entered only the name of the 4th defendant as Nominee in the service records for receiving his death benefits and the plaintiff has also not attended his death obsequies. It is only the deceased Chamraj and the 4th defendant had celebrated the marriage of the daughter Narmadha and even in the marriage invitation card of the Narmadha, the 4th defendant only has been described as the wife of the deceased Chamraj and hence, the 4th defendant, as the legally wedded wife of the deceased Chamraj, alone is entitled to receive the death benefits and the plaintiff is not entitled to claim any right to the same and hence, the plaintiff is not entitled to obtain the relief sought for in this suit. In support of the plaintiff's case, PW.1 has been examined and Exs.A1 to A6 were marked and on the side of the defendants, Dws.1 to 7 were examined; Exs.B1 to B10 were marked.