Kurian Joseph, J.

The validity of a marriage performed in a foreign country between parties, one of whom is an Indian citizen is the issue mainly arising for consideration in this appeal. The law governing the point is Foreign Marriage Act, 1969 (Act 33 of 1969). Appellants are the defendants in O.S.1140/95 on the file of the Subordinate Judge’s Court, Thrissur. The suit was one filed for a declaration that ‘the plaintiffs alone are the legal heirs of deceased P.A. Joseph and that the plaint schedule property belongs absolutely to the plaintiffs and consequently to restrain the defendants by a permanent prohibitory injunction from interfering with the possession and enjoyment of the plaint schedule property’.

2. The facts to the extent relevant are: Sri George Andrew is the brother of deceased P.A. Joseph. Though there is a daughter by name Alphy Joseph to the deceased P.A. Joseph, her whereabouts are not known for about one and half decades. George Andrew, after divorcing the first wife married the first defendant herein and the Children born in that wedlock are defendants 2 and 3. The plaintiffs however disputed the fact of divorce and questioned the validity of the ma