IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
M.Kasthuri – Appellant
Versus
R.Kasthuri – Respondent
| Table of Content |
|---|
| 1. claims of legal heirs status. (Para 4 , 5 , 6) |
| 2. review of judgements and appeal procedures. (Para 12 , 14) |
| 3. jurisdiction of civil court clarified. (Para 15 , 16) |
| 4. importance of evidence analysis in appellate courts. (Para 19 , 21) |
| 5. direction for further proceedings. (Para 25 , 26) |
JUDGMENT :
V. Lakshminarayanan, J.
This Second Appeal is before this Court on account of the Order of Remand passed by the Supreme Court in Civil Appeal No.432 of 2018 dated 16.01.2018.
2. I heard Mr.J.R.K.Bhavanantham for the appellants. Despite a couple of opportunities granted, there has been no representation for the respondents.
3. For the sake of convenience, the parties are referred to as per their ranks before the trial Court.
4. The case of the plaintiffs is as follows:-
The 1st plaintiff, R.Kasthuri claims to be the wife of one Gunaseelan, S/o.V.M.Aalai. She pleaded that, Gunaseelan passed away on 13.09.1996. From the wedlock between the 1st plaintiff and Gunaseelan, the plaintiffs 2 to 4 were born. She impleaded the defendants, who, according to her were unlawfully claiming to be the legal heirs of the very same Gunaseelan. She also impleaded her mother-in-law (mother of Gunasee

Civil Courts have jurisdiction to grant declaratory decrees concerning legal heirs and marriage validity; appellate courts must substantively analyze evidence.
The bar under Section 7 of the Family Courts Act, 1984, regarding the validity of a marriage, is strictly applicable to disputes between spouses and does not preclude a civil court from determining m....
The judgment establishes the primacy of prior legal determinations regarding heirship, emphasizing previous findings must guide current claims unless new evidence warrants a reconsideration.
The reliance on additional evidence not properly admitted constitutes a reversible error, thus restoring the trial court's ruling on marital status and service benefits.
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
The jurisdiction of civil courts is limited where a Family Court has been established, barring civil suits concerning marital status declarations.
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