S K SUBBARAJ Vs. INDIRANI

JUDGEMENT

(1.) PLAINTIFFS are the appellants.

(2.) PLAINTIFFS filed the suit for declaration that they are the heirs of Govindaraj to receive all the benefits that may accrue to the legal heirs of Govindaraj. They contend as follows:

(3.) THE first plaintiff is the brother and the second plaintiff is the mother of the deceased Govindaraj. THE deceased Govindaraj was in Army service. He married the defendant in the year 1964. He died on 21.7.1982. According to the plaintiffs, since the defendant was divorced by the deceased Govindaraj under customary divorce before the mediators, she ceased to be the wife of the deceased Govindaraj and so, she is not entitled to receive the benefits of pension and other amounts due to the deceased Govindaraj and the plaintiffs alone are the legal heirs of the deceased Govindaraj and they alone are entitled to the amount claimed. Thus, the plaintiffs have sought for the relief of declaration that they are the legal heirs of the deceased Govindaraj to receive all the benefits that may accrue to the legal heirs of the deceased Govindaraj. THE defendant vehemently contends that no customary divorce was in vogue in their Kammavar Naicker Community and the deceased Govindaraj wanted to marry a second time since the defendant and Govindaraj had no issues and even though the defendant initially resisted it, later, yielded to the idea of the deceased Govindaraj with the hope that he may have a child through the second wife and only at his insistence, she signed the document under pressure and there was no divorce between the defendant and the deceased Govindaraj and she is the legal heir of the deceased Govindaraj.