RMT. TEEKAA RAMAN
P. Jayachandran – Appellant
Versus
A. Yesuranthinam (Died) – Respondent
JUDGMENT :
PRAYER: Appeal Suit is filed under Section 96 of Code of Civil Procedure to set aside the judgment and Decree passed in O.S.No. 33 of 2013 dated 12.02.2016, on the file of the II Additional District and Session Judge, Vellore at Ranipet and thereby to allow the appeal and dismiss the suit O.S.No.33 of 2013 on the file of the II Additional District and Session Judge, Vellore at Ranipet.
The defeated defendants is the Appellant herein. For the sake of convenience, the parties are referred as per their litigative status before the Trial Court.
The brief facts leading to filing of the Appeal Suit as under:
2(a). The first Respondent herein is the Plaintiff in O.S.No.33 of 2013. He filed a suit for declaration of title of the Plaintiff over the suit property and for directing the Defendant to deliver possession of the suit property and restrained the Defendant from alienating the suit property.
2(b). The Plaintiff (Respondent herein) is the father of one Y.Margarette Arulmozhi and she was employed as a Head Mistress in the Panchayat Union School, Nagavedu, Arakkonam Taluk. She lived together with one P.Jayachandran (Defendant), who is already married person. Since Jayachandran's m
D.Velusamy vs. D.Patchaiammal reported in AIR 2011 SC 479
Lata Singh versus state of UP and another reported in 2006 (5) SCC 475
A live-in relationship does not confer legal marriage status if one party has a living spouse, and customary divorce is not recognized under the Indian Divorce Act.
(1) “Live-in-relationship” cannot loom large into legal status of husband and wife.(2) A “concubine” cannot maintain relationship in “nature of marriage” because such relationship will not have exclu....
Marriage – Proof of - while defining the word 'solemnize' in connection with a marriage under the Hindu Marriage Act, held inter alia, that word 'solemnize' means in connection with a marriage, 'to c....
The main legal point established in the judgment is the presumption of marriage and recognition of relationships based on long cohabitation, and the burden of proof on the party seeking to deny the v....
The main legal point established in the judgment is that the property was purchased with the income of the father, and the settlement deeds were obtained through fraud and coercion, leading to the en....
A marriage is void if one party has a living spouse, and customary divorce must be proven to be legally recognized.
A continuous cohabitation raises a presumption of marriage; the disputing party carries the burden of proof to establish otherwise.
The court ruled that the appellant failed to prove her marriage under customary law, while the respondent's marriage was valid, leading to the declaration of the respondent as the legal wife entitled....
The court clarified that domestic relationship claims under the Act require rigorous factual scrutiny and evidence, especially regarding the existence of prior marriages and relationships.
The Family Courts possess exclusive jurisdiction to declare matrimonial status, rendering suits maintainable even post the husband's death, affirming marriage validity standards under applicable Hind....
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