LAKSHIMAMMA Vs. THAYAMMA ALIAS LAKSHMAMMA

JUDGEMENT

(1.) Thulasi Ammal v. Gowri Ammal, AIR 1964 Mad. 118. Appeal against the order of the Court of the Subordinate Judge, Adeni dated 8-12-1971 and made in O. P. No. 45 of 1969. M/s. C. Padmanabha Reddy and Mr. C. Sadasiva Reddy Advocates for the Appellants. Mr. R. V. Subba Rao, Advocate for the Respondent. The Court delivered the following :- JUDGMENT. (Judgment of the Bench Delivered by Alladi Kuppuswami J) 1. This appeal raises an interesting question, namely whether a spouse is entitled to apply under Sec. I I of the HINDU MARRIAGE ACT, 1955 for a declaration by a decree of nullity, that the marriage is null and void, after the death of the other spouse. 2. The respondent herein is the second wife of one Narasappa who died in 1966. Narasappa married her in 1962 even during the life-time of his first wife, the first appellant herei n ;the second appellant being the son of Narasappa by her.The respondent filed O.S 35 of 1968 on the file of the Sub Court, Adonl on her behalf and on behalf her minor child, for partition and division of her late husband's properties. The suit was dismissed on the ground that the marriage of the plaintiff was void as it took place during the life-time of the first appellant herein. The legitamacy of the petitioner's minor child could not be considered in the suit as there was no decree of nullity obtained by that time.

(2.) The respondent herein therefore, filed, O P No 45/69 under Sec. 11 of the HINDU MARRIAGE ACT, 1955 praying for a decree of nullicy of her marriage with Narasappa.

(3.) It was contended on behalf of the appellants herein that the petition was not maintainable after the death of Narasappa. The Court below negatived that contention and held that the petition was maintainable and as there was no doubt that her marriage took place during the life time of another wife, a decree of nullity was passed. The appellants herein have preferred this appeal against the said decree.