The High Court dismissed this appeal filed by a third defendant to challenge a decree declaring the plaintiff the legally wedded wife of the deceased and entitled to family pension. Upholding the Family Court's view, the High Court held that a marriage cannot be dissolved by executing a private agreement/deed.
The appeal is dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH &
THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929
MFA. No. 447 of 1996
OS.492/1992 of FAMILY COURT,TRIVANDRUM
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APPELLANT/ 3RD DEFENDANT:
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SMT. G. VIJAYALEKSHMI AMMA, VIJAYA BHAVAN (ELLUVILA) NJALIKONAM, ARAMADA, TRIVANDRUM - 32.
BY ADV. SRI. B. KRISHNA MANI SRI. V. PREMCHAND.
RESPONDENTS/ PLAINTIFF AND DEFENDANTS 1 & 2:
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1. K. RETNAMMA, W/O.LATE N. RAMAKRISHNA PILLAI, CHACKALAYIL VEEDU, PATHIYOOR, EAST KEERIKKAD, P.O KAYAMKULAM, EMPLOYED AS U.D.C. OFFICE OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM, RESIDING NOW AT GOVT. QUARTERS, FLAT NO. 36/408, MELARANNOOR, KARAMANA, TRIVANDRUM - 695 002.
2. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF DEFENCE, NEW DELHI.
3. OFFICER-IN-CHARGE, SENA AYUDH CORPS ABHILEKH KARYALAYA, ARMY ORDANCE CORPS RECORDS OFFICE , POST BOX NO. 3,TRIMULGHERRY P.O SECONDERABAD - 500 015.
BY ADV. SRI.K.R.RADHAKRISHNAN NAIR SRI.K.RADHAKRISHNAN NAIR SRI.DINESH R.SHENOY, ADDL.CGSC SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI. G. UNNIKRISHNAN, CGSC
THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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M.F.A. No. 447 OF 1996
----------------------------------------Dated this the 24th day of January, 2008.
J U D G M E N T
Harun-Ul-Rashid, J.
The appellant, who is the third defendant in
O.S.No.492/1992, filed this appeal challenging the judgment and decree passed by the Family Court, Thiruvananthapuram. The first respondent is the plaintiff in the suit.
the custom prevailing among the members of the Nair Community. Ramakrishna Pillai was discharged from Army
M.F.A. 447/96 2
service on 22.04.1980. After retirement, he died on 12.03.1988. The plaintiff is the nominated heir of her husband for the family pension benefits granted by the Ministry of defence. On 04.09.1982, the parties entered into a registered divorce deed. Exhibit A1 is the said document. It is the plaintiff's case that after the death of her husband, she being the widow is entitled to the family pension benefits and Exhibit A1 document is abinitio void as a registered divorce deed cannot terminate the marital status of the parties.
M.F.A. 447/96 3
discussed the pleadings and evidence adduced by the parties. It is the admitted fact that after registering the divorce deed, Ramakrishna Pillai married the appellant-third defendant. After discussing the documentary evidence produced as Exhibits A1 to A12 and the oral evidence tendered by the parties, the court below rightly held that the plaintiff has proved that she is the legally wedded wife of Ramakrishna Pillai and that the defendant
was married while the marriage between the plaintiff and Ramakrishna Pillai was subsisting and in that premise, the court also held that the third defendant cannot claim any right over the assets of the deceased.
M.F.A. 447/96
4
In the result, there is no merit in the appeal and therefore, the appeal fails. It is dismissed. There will be no order as to cost.
KURIAN JOSEPH JUDGE
HARUN-UL-RASHID JUDGE
smp
M.F.A. 447/96
5
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
M.F.A. No. 447 OF 1996
J U D G M E N T
24.01.2008
3 issues framed by the court
Whether a registered divorce deed can dissolve a marriage sanctioned only by Hindu custom.
Whether the appellant, who married the deceased after a divorce deed was executed, can claim family pension benefits.
Whether the lower court correctly held that the divorce deed was ab initio void as marriage cannot be dissolved by private agreement.
G. Vijayalekshmi Amma
K. Rethamma
Union of India
Officer-in-Charge, Sena Ayudh Corps Abhilekh Karyalaya
Kurien Joseph
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
