SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1992 Supreme(Ker) 197

SANKARAN NAIR
Saraswathi Amma – Appellant
Versus
Padmavathi Amma – Respondent


Judgment :-

Legal lacings apart, the question is whether the appellant or first respondent in these Appeals (hereinafter called Saraswathy Amma and Padmavathy Amma, in that order) was the wife of deceased Krishnan Nair.

2. On Krishnankutty Nair's death, Padmavathy Amma filed O.S.318/83 for a declaration that she was his wife. Likewise, Saraswathy Amma filed O.S.439/83 for a like declaration. The trial court held that both were wives of Krishnankutty Nair. The appellate Court held that Padmavathy Amma was the wife, and that the marriage with Saraswathy Amma was not valid. Krishnankutty Nair married Padmavathy Amma in the year 1950 (date and month not slated) according to the custom of the community. Thereafter, they executed a Deed of Dissolution Ext. XI on 17-2-1976 in accordance with S.6 of the Madras Marumakkathayam Act. Krishnankutty Nair then married Saraswathy Amma on 15-9-1977. Ext.B1 is the certificate of marriage. Later, Krishnankutty Nair made a settlement of some of his properties in favour of Padmavathy Amma on 14-9-1979 by Ext.AZ, describing her as his wife. On 25-6-1983 Krishnankutty Nair died, raising the hornet's nest for the two women.

3. On the strength of Ext.A4-A c















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top