JUVVA SEETHA PUNYESWARI Vs. SANADI MUNI RATNAM

JUDGEMENT

(1.) THESE five revisions arise out of various orders, dated 20. 4. 2007, passed by the court of III Additional Junior Civil Judge, Guntur, in o. S. No. 955 of 2002. The parties are common to all the revisions.

(2.) THE petitioner filed the suit for a declaration that she is entitled to be extended the post retirement benefits of late Gantaiah, who retired as Deputy Superintendent of police in the Police Department. She pleaded -that she was married to Gantaiah on 5. 2. 1961, and both of them had three sons, by name harikumar, Anil Kumar and Aswani Kumar, and out of them, Anil Kumar alone is living. She pleaded that the 1 respondent, who was a subordinate of Gantaiah, developed illicit relations with him and made a claim for the benefits of property left by Gantaiah, as though she is legally wedded wife. The 1 respondent filed a written statement, stating that the marriage between the petitioner and gantaiah was dissolved, according to the prevalent customs, and thereafter, she married him. Respondents 2 and 3 are said to have been born out of their wedlock.

(3.) THE trial court framed necessary issues and the trial of the suit commenced. The 1 respondent filed the certified copy of the decree and judgment dated 20. 9. 1985 in o. S. No. 246 of 1985, on the file of the i Additional Munsif Magistrate, Tenali. It is an ex parte decree, declaring that the marriage between the petitioner and Gantaiah was dissolved as per customs. Another document filed by the 1 respondent is the certified copy of the decree in O. P. No. 89 of 1980, on the file of the I Additional Judge, City Civil court, Hyderabad, in which the marriage between Gantaiah and the 1 respondent is said to have been referred to. The 1 respondent has also filed a Will, Ex. B-31, dated 11. 4. 2002, said to have been executed by late Gantaiah.