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 to pension benefits.

JUDGMENT :

Golmei Gaiphullshillu, J

[1] Heard Mr. Ng. Premkumar, learned counsel appearing on behalf of the appellant and Mr. D. Julius Riamei, learned counsel appearing on behalf of the respondent.

[2] The present appeal has been filed against the impugned Judgment and Order dated 05.05.2018 passed in Mat (Declaratory) Suit No. 42/09/4/10/75(A)/13/05/14/3/2015 by the Ld. Family Court, Senapati, Manipur with the following prayer:

(i) to allow this Family Court first appeal;

(ii) to issue notice to the respondent;

(iii) to call for lower court record being No. Mat. (Decl.) Suit No. 42/09/4/10/75(A)/13/05/14/3/2015 from the Ld. Family Court, Senapati;

(iv) to stay the impugned order dated 05.05.2018 during the pendency of the appeal passed in the said Mat. (Decl) suit.

(v) After hearing to set aside the impugned order dated 05.05.2018 in the interest of justice.

[3] The case of the appellant is that the respondent has filed a Matrimonial (Declaratory) Suit No. 42/09/4/75(A)/13/05/14/3/2015 against the present appellant u/s 7(a)(e) the Family Court Act, 1984 praying for passing a decree of declaration that the respondent is the legitimate wife of the deceased S. Akha Mao and the counter claim filed by the appellant/defendant with the facts that the respondent is a Christian (Catholic) by religion and the appellant is also a Christian. The respondent married to late S. Akha being No. 4347183K, T.S. -NK of Assam Regiment on 29-08-1989. The marriage ceremony was ministered by Rev. Fr. Sebastian Manianchira SDB at St. Mary’s Parish Punanamei, and an undated marriage certificate was issued by Rev. Fr. T.T. Josheph, the Parish Priest, St. Mary’s Parish Punanamei. While they were living together three daughters and one son were born to them. They are (i) Miss Leshine (ii) Miss Adazia and (iii) Miss A. Kreyini and (iv) Master Kayio. The respondent’s husband S. Akha has died on 18-10-2006.

The allegation of the respondent is that prior to her marriage with her husband (late S. Akha), her husband eloped with the appellant Smt. A. Athisa. They lived/resided under one roof but they were never married in any form. During that time her husband recorded the name of Smt. A. Athisa in his service book maintained by the Record Office, the Assam Regiment, Shillong as a nominee and the date of marriage was entered by deceased S. Akha as 15.02.1982. Out of their consummation, two daughters were born namely (i) Smt. A. Nelia and (ii) Smt. A. Hriiyia. It was also alleged that without any information, the appellant left the deceased husband’s house in his absence in the year 1982 while he was away for his service. All the properties were also taken away by the appellant and never came back. The deceased S. Akha Mao was discharged from service on 01.05.1989. After his discharged from service S. Akha Mao married the respondent on 29.08.1989. And thereafter, the deceased died on 10.06.2006 at their matrimonial home and left behind 3(three) daughter and 1(one) one. After the death of her deceased husband, the respondent went to withdraw the family pension in the Treasury Office, Senapati but, the respondent was informed that the appellant’s name was recorded in the service book as a nominee. Hence, the Mat. (Declaratory) Suit was filed by the respondent before the Ld. Family Court.

[4] Learned counsel for the appellant submits that the appellant has filed her written statement cum-counter claim to the Mat. (Declaratory) Suit filed by the respondent. It was stated that the respondent is not entitled to the relief’s claimed in the plant as the appellant is the legal wife of the deceased S. Akha who served in the Assam Regiment under Service No. 4347183K, TS, NK. The appellant married with the deceased S. Akha on 15-02-1975 according to the customary rites and practice of Mao Nagas as the appellant and the deceased S. Akha were non-Christian at the time of their marriage, and they were from the same village i.e. Song Song village. As a result of their marriage, they got