KENNEDY SIGAMANI Vs. KIRUBA GNANASEELI PREMA

JUDGEMENT

(1.) Defendants in O.S. 364 of 1991 on the file of District Munsif, Srivaikuntam are the appellants herein.

(2.) Plaintiffs filed a suit for declaration that first plaintiff is the legally wedded wife of first defendant and second plaintiff is the child born to first defendant in that relationship.

(3.) Necessary facts for the purpose of second appeal could be summarised thus :First plaintiff was studying in 10th Standard and wrote her examination in March, 1989 and failed in Science subject. First defendant who was residing just opposite to her residence had a sister by name Nightingale Mary. First plaintiff took tuition from her so that she can complete her S.S.L.C. examination. Her visit to first defendant's house for the purpose of tuition ended in love affair between them. First defendant was a Post graduate and it is her case that first defendant holding Holy Bible in his hands declared that first plaintiff is his wife and on that belief they had physical contact, the consequence of which second plaintiff was born. When she was pregnant, this fact was informed to first defendant who asked her to tie a cloth around her stomach so that she being a school going child, her pregnancy will not be known to outsiders. She could not do the same for long since she felt pain and headache and suffocation. She even attempted to commit suicide and when such an attempt was made, her grandmother who was residing with her enquired the reason which compelled her to disclose what are all happened. The matter was informed to her parents and later she was taken to her uncle's house at Kalaiyarkoil where she gave birth to second plaintiff. Relatives and friends made various attempts to have settlement and they wanted first plaintiff and child to live with first defendant. Various attempts were made and the matter was also taken to first defendant's father who was a Parish Priest for an amicable settlement. But the matter did not yield any result in spite of the fact that Church authorities also intervened. The suit was therefore filed for the relief stated above.