Vs
Case brief
What is this about?
In this second appeal regarding a suit for declaration of wife status and permanent injunction, the High Court dismissed the appellant's challenge. The Court upheld the lower courts' finding that the parties solemnised a valid marriage under Section 7(A) of the Hindu Marriage Act and the existence of the marital relationship was further corroborated by criminal convictions for dowry and Bigamy.
What did the court decide?
Second appeal dismissed; declaration of status and permanent injunction decrees confirmed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 06.01.2020
Date of Verdict : 13.01.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
S.A.No.1768 of 1997
Ambedkumar
...Appellant/Appellant/Defendant
Vs.
Jaya ...Respondent/Respondent/Plaintiff
Prayer: Second Appeal filed under Section 100 of C.P.C. to set aside the decree and judgement passed in A.S.No.35 of 1993 on the file of the Principal Subordinate Judge, Chengalpet dated 31.08.1995, confirming the decree and judgement in O.S.No.91/90 dated 27/01/93 on the file of the District munsif, Maduranthakam and allow the appeal.
For Appellant : Mr.M.Ravindran, Senior Counsel for Mr.A.Charles Darwin
Issues for consideration
3 issues framed by the court
Whether declaration of wife status can be granted without specific prayer for marriage solemnization validity?
Whether marriage is valid without fulfilling legal ingredients under Hindu Marriage Act or Special Marriage Act?
Whether presumption of secret marriage is valid without established cohabitation?
Parties & counsel
- appellant
Ambedkumar
- respondent
Jaya
Coram
G.K.Ilantiraiyan
Case details
As recorded by the court registry
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