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B. SYAMSUNDER
Karapureddi Radha – Appellant
Versus
Bathula Nookaratnam – Respondent
JUDGMENT :
B. SYAMSUNDER, J.
1. The plaintiff in O.S. No. 239 of 1998 on the file of Junior Civil Judge, Tuni, is the appellant. The respondents are the defendants in the suit. Originally suit was filed by the appellant against respondents seeking relief of declaration that she is the legally wedded wife of late Karapureddi Apparao and register her name in the records of respondent Nos. 2 to 5.
2. The appellant and the respondents herein after referred to as plaintiff and defendants as arrayed before the Trial Court.
3. The plaintiff instituted the suit against the defendants seeking relief of declaration of her status as the wife of late K. Apparao with a pleading that D1 Bathla Nookaratnam, who is also claiming to be the wife of late K. Apparao, is not legally wedded to late K. Apparao.
4. It is the contention of the plaintiff that she is the legally wedded wife of late K. Apparao, who worked as permanent Kalasi in I.O.W. Office, South Central Railway, Tuni, who died in service on 31.01.1998 in a road accident. She submits that after the death of her husband K. Apparao, railway authorities have paid Rs. 2,500/- to her towards funeral expenses and they obtained her thumb impressions in
The reliance on additional evidence not properly admitted constitutes a reversible error, thus restoring the trial court's ruling on marital status and service benefits.
Marriage – Proof of - while defining the word 'solemnize' in connection with a marriage under the Hindu Marriage Act, held inter alia, that word 'solemnize' means in connection with a marriage, 'to c....
The burden of proof lies on the party asserting a legal status, and without sufficient evidence, claims regarding marital status cannot be upheld in court.
The main legal point established in the judgment is the reliance on valid evidence, such as Marriage Certificates and witness testimony, to establish the validity of a marriage. The judgment also emp....
The Family Courts possess exclusive jurisdiction to declare matrimonial status, rendering suits maintainable even post the husband's death, affirming marriage validity standards under applicable Hind....
The nomination in the service register and the sufficiency of evidence to prove marriage were the central legal points established in the judgment.
As per Section 7 of Hindu Marriage Act, 1955 a Hindu Marriage is considered to have been performed only upon completion of Saptapadi.
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