JAGARLAMUDI SUJATA Vs. JAGARLAMUDI JADADISH KRISHNA PRASAD

JUDGEMENT

(1.) This revision is filed against the order in I.A. No. 966 of 1987 in O.S. No. 110 of 1970 in the Court of the Subordinate Judge, Chirala.

(2.) The 2nd respondent in this revision who is the son of the 1st respondent, filed a suit for partition against his father. The 3rd respondent is his mother. A preliminary decree was passed by the trial Court on 22-2-78. Along with the suit there were two other proceedings--one petition filed by the 1st respondent against 3rd respondent for dissolution of marriage and another suit filed by the 3rd respondent against her husband for maintenance. Both of them were also disposed of along with partition suit on the same day and the marriage between the first respondent was dissolved. In pursuance of the preliminary decree passed in O.S. No. 110 of 1970, the plaintiff who is 2nd respondent in this petition filed a final decree petition. At that stage, the petitioners have filed an application under order I Rule 10, C.P.C., to implead them as parties. Their claim is that the 1st Respondent married their mother by name Venkayamma alias Vasantha Kumari and that they are children born to the first respondent through the said Venkayamma alias Vasanthakumari and therefore they also got a right in the property. The learned Subordinate Judge dismissed the petition holding that they are only illegitimate children and they have no right in the property and therefore they are not necessary or proper parties to the suit. Questioning the same this revision has been filed.

(3.) Section 16 of the Hindu Marriage Act after it is amended by the amending Act of 1976 reads as follows :--