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1999 Supreme(Mad) 375

A.SUBBULAKSHMY
S. K. Subbaraj – Appellant
Versus
Indirani – Respondent


Advocates Appeared:
For the Appellants:Mrs. Vijayakumari Natarajan, Advocate.
For the Respondent:S.V. Jayaraman, Senior Counsel for V.Venkatasamy, Advocate.

Judgment :-

1. Plaintiffs are the appellants.

2. Plaintiffs filed the suit for declaration that they are the heirs of Govindaraj to receive all the benefits that may accrue to the legal heirs of Govindaraj. They contend as follows:

Second plaintiff is the mother of the deceased Govindaraj and the first plaintiff is his only brother. The said Govindaraj died on 21.7.1982 while he was in Army service. The deceased Govindaraj married the defendant in the year 1964, but he had no issues. There were ill feelings between Govindaraj and the defendant which resulted in customary divorce before the mediators. As per the directions of the mediators, the deceased Govindaraj paid a sum of Rs.7,000 to the defendant and a divorce deed was reduced to writing and signed by Govindaraj and the defendant on 24.7.1978 at the Sub-Registrars Office, Pandalgudi. The parties to the divorce belong to Kammavar Naicker Community and customary divorce is recognised in their community. After the divorce, the defendant was living with another person and lost the status of wife of the deceased Govindaraj. The deceased Govindaraj nominated the first plaintiff as his nominee to acquire all benefits of pension and o







































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