JUDGMENT :

(First Appeal is filed under Section 19(1) of Family Court Act read with Section 96 read with Order 41, Rule 1 of the Code of Civil Procedure against the judgment and decree dated 13.08.2018 made in O.S. No.208 of 2010 on the file of the learned III Additional Judge, Family Court, Chennai.)

The appeal suit on hand is preferred against the judgment and decree dated 13.08.2018 passed by the learned III Additional Judge, Family Court, Chennai in O.S.No.208 of 2010.

2. The first defendant is the appellant, the first respondent is the plaintiff and the second and third respondents are the second and third defendants respectively in the appeal suit.

3. The suit was instituted for a declaration that the first respondent/plaintiff is the legally wedded wife of the deceased Metro Transport Corporation of Chennai employee late Mr.R.Venkatesan.

4. The contentions of the first respondent/plaintiff was that she was the legally wedded wife of Mr.R.Venkatesan, Staff No.12086, who was working as an employee in the Metro Transport Corporation at Madhavaram Depot. The deceased employee Mr.R.Venkatesan married the appellant/first defendant Smt.N.Indira on 15.12.1986 and the same was registered before the Marriage Register of Sub-Registrar Office, Pallavaram under the Hindu Marriage Act. The first respondent/plaintiff herself admitted the fact that the appellant/first defendant married late Mr.Venkatesan prior to her marriage. A female child was born to late Mr.Venkatesan and Smt.N.Indira.

5. The first respondent/plaintiff had stated that during the year 1988, the appellant/first defendant had an illicit intimacy with one Mr.Ravi and left the matrimonial home without the knowledge of the deceased R.Venkatesan. The appellant/first defendant after four years filed a maintenance case in M.C.No.250 of 1992 and an order was passed to pay a sum of Rs.1,000/- per month to herself and to her daughter. The first respondent/plaintiff's husband late Mr.Venkatesan filed divorce petition before the First Additional Family Court at Chennai in O.S.No.865 of 1990 and the said petition was dismissed for default on account of the non-appearance of the petitioner. The deceased Mr.R.Venkatesan subsequently married the plaintiff/first respondent Smt.Sugandha on 13.11.1991 and was leading a matrimonial home with her till his death. Mr.R.Venkatesan filed a divorce petition in O.P.No.1192 of 2004 before the very same Court on the ground of cruelty and desertion and a decree of divorce was granted on 13.09.2004 in favour of the deceased late Mr.R.Venkatesan. However, the deceased late R.Venkatesan had married the first respondent/plaintiff Smt.Sugandha on 13.11.1991 long before the dissolution of marriage with the first wife. The first respondent/plaintiff had one male child born through late Mr.R.Venkatesan and the said child was also died on 08.07.1999. The first respondent/plaintiff's husband Mr.R.Venkatesan died on 31.01.2006 and the Transport Corporation had not settled the terminal and pensionary benefits due to the deceased employee late Mr.R.Venkatesan. Thus, the first respondent/plaintiff instituted the suit.

6. The appellant/first defendant Smt.N.Indira contested the suit by stating that the marriage between the appellant/first defendant and the deceased husband Mr.R.Venkatesan took place on 15.12.1986 and they were living in the matrimonial home and one female child was also born and the allegation of illicit intimacy was false.

7. In view of the fact that the deceased employee failed to maintain the first wife Smt.N.Indira, a maintenance case was filed and the Court ordered the maintenance amount of Rs.1,000/-. Subsequently, O.P.No.1192 of 2004 was filed by the deceased employee and the decree of divorce was granted on 13.09.2004. It was an ex parte decree and the appellant/first defendant filed an application in I.A.No.1653 of 2005 to set aside the ex parte decree and filed another I.A.No.1652 of 2005 to condone the delay in filing the application to set