YOGIDAS @ JOSE JACOB S/O LATE RAJAPPAN @ JACOB vs RUBY DANIEL @ RUBY DAS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ker) 125

DEVAN RAMACHANDRAN, M. B. SNEHALATHA
YOGIDAS @ JOSE JACOB S/O LATE RAJAPPAN @ JACOB – Appellant
Versus
RUBY DANIEL @ RUBY DAS – Respondent

Advocates:
Advocate Appeared:
For the Appellant : SANIL JOSE
For the Respondents: C.B. SREEKUMAR, S.K. SAJI

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The appellant is the respondent in O.P. No. 382/2017 on the files of the learned Family Court, Pala.

2. The above Original Petition was filed by the respondent seeking partition and separate possession of the petition schedule property, asserting that she and the appellant were legally married and that the acquisition of the property was done at the time when the marriage subsisted.

3. The appellant, however, impelled a defence that he is not legally married to the respondent and that the certificate of marriage produced by the appellant is concocted. He contended that he is a Hindu and hence cannot marry under the Christian rites; thus rendering it inevitable that the version of marriage projected by the respondent is apocryphal.

4. The learned Family Court allowed the parties to trial, after framing two issues. The appellant got himself examined as DW1, but produced and marked no document in evidence on his side; while, the respondent was examined as PW1 and Exts.A1 to A8 documents were marked by her.

5. The learned Family Court considered the evidence on record, and held that the case of the appellant that his marriage with the respondent is ‘conco

Click Here to Read the rest of this document