A SANKARANARAYANAN Vs. MANI

JUDGEMENT

(1.) THE defendant is the appellant. THE suit has been filed by the respondent herein, as the plaintiff in the suit, seeking relief of declaration that she is the legally wedded wife of the appellant herein. THE said suit was filed in O.S. No.9 of 1994 on the file of the I Additional Sub Court, Madurai, has been decreed and being aggrieved by the same, the appellant has preferred this appeal.

(2.) THE case of the plaintiff in a nutshell is as follows: THE plaintiff and the defendant have been living together for some time at Door No.46, S.S. Colony, Parthasarathi street, Madurai-16. THEreafter, the plaintiff got pregnant and as a result of the same, the marriage was solemnised on 13.12.1987 at Pillaiyar temple situated in Madurai Meenakshipuram. THEre was an exchange of garland and a chain was presented by the defendant while solemnizing the marriage. THE marriage was solemnized in the presence of PW2 to PW4 and few other persons. On 21.06.1988 there was an attempt to settle the dispute between the plaintiff and the defendant since a demand was made by the defendant as dowry. On 22.05.1988, the defendant has left the plaintiff and on 06.07.1988 a male child was born to the plaintiff. However, the said child died at the time of delivery. Ex.A1 is the certificate showing the name of the defendant as the father of the child. THErefore, the present suit has been filed to declare that the plaintiff is a legally wedded wife of the defendant.

(3.) PW2 is the priest who performed the marriage on 13.12.1987 between the plaintiff and the defendant. In his chief examination he stated that the marriage was solemnized between the plaintiff and defendant at about 7.00 a.m. According to the PW2, by chanting mantras, he performed the marriage. The PW2 says that there was exchange of garland between the parties. The PW2 also says about the presence of the other persons while solemnizing the marriage. The PW3 is a person, who was present at the time of the marriage also spoke about the exchange of garland between the plaintiff and the defendant and they were living together after the marriage. PW4 is the relative of the plaintiff, who has deposed the same line as that of PW2 and PW3. PW4 has stated about the fact that the plaintiff and the defendant were living together after the marriage.