LAWS(APH)-2013-7-100

J.SUKANYA Vs. J.P.NIRMALA

Decided On July 31, 2013
J.Sukanya Appellant
V/S
J.P.Nirmala Respondents

JUDGEMENT

(1.) The 1st defendant in O.S. No. 84 of 1999 on the file of the Court of the Judge, Family Court at Secunderabad filed this appeal feeling aggrieved by the decree, dated 08-03-2001, passed therein. For the sake of convenience, the parties herein are referred to as arrayed in the suit. Plaintiffs 1 and 2 filed the suit for declaration to the effect that they are the only legal heirs and successors of late J.P. Girish Chandra and that they are entitled to receive the service benefits from the 2nd defendant. The appellant was shown as the 1st defendant.

(2.) It was pleaded that the 1st plaintiff was residing in her sister's house at Adaiah Nagar, Secunderabad, from 1973 onwards, and when she was attending a Type-writing institute in the near by locality, she got acquaintance with J.P. Girishchandra. Both of them are said to have married on 31-05-1975 at Sri Venkateshwara Temple, Chikkadapally. It was further pleaded that Girishchandra executed an agreement on 31-05-1975 stating that he did not marry any other woman and that he would look after her well. The 2nd plaintiff is said to have born out of their wedlock.

(3.) It was stated in the plaint that when they were residing at Adaiah Nagar, Ghasmandi, Secunderabad, Girishchandra developed intimacy with the 1st defendant, who was residing in the opposite house. It was also stated that when Girishchandra brought the 1st defendant to their house and she started living there, the plaintiffs left that house and started living at another place. Girishchandra is said to have died in the year 1998 and alleging that their claim for extension of death-cum-retirement benefits was opposed, they filed the suit.