A ANDI Vs. CHANDRA

JUDGEMENT

(1.) The appeal is filed by the plaintiff, who has lost concurrently before the Courts below. The suit is filed for declaration that the defendant is not the legally wedded wife of the plaintiff.

(2.) It is stated in the plaint that the plaintiff had married one Unnamalai 20 years ago and they were living as husband and wife. The said Unnamalai died on 26.08.2009. Even during the subsistence of the said marriage the plaintiff had married the defendant Chandra and begotten a female child on 07.06.2009. Therefore, it is now contended by the plaintiff that the defendant is not his legally wife. The defendant also had filed M.C.No.3 of 2010 before the V Judicial Magistrate, Salem, claiming maintenance. She had admitted that even during the subsistence of the first marriage, she had married the plaintiff. Therefore, she cannot be the legally wedded wife.

(3.) The defendant remained exparte in the suit as well as in the appeal.