Relief not sought in pleadings cannot be granted; the Family Court's dismissal of the suit was excessive and unjustified based on the evidence presented.

JUDGMENT :

Golmei Gaiphulshillu, J

[1] Heard Mr. M. Nicky, learned counsel appearing for the appellant and Mr. RK. Toma, learned counsel appearing for the respondents.

[2] The present appeal has been filed under Section 19 of the Family Courts’ Act, 1984 against the impugned judgment & order dated 06.11.2024 and the decree dated 13.11.2024 passed by the Ld. Family Court, Manipur at Lamphelpat, Imphal in Matrimonial (Declaration) Suit No. 20 of 2024 with the following prayer:

(i) To admit the appeal;

(ii) To call for the records from the Trial Court below;

(iii) To quash the impugned judgment & order dated 06.11.2024 and decree dated 13.11.2024 passed in Matrimonial (Declaration) Suit No. 20 of 2024 after hearing the parties;

(iv) To declare that the appellant is the unmarried daughter of late Thokchom Dhananjoy Singh and late Thokchom Ongbi Irai Devi;

(v) To pass appropriate order/direction as the Hon’ble Court deems fit and proper.

[3] Mr. M. Nicky, learned counsel appearing for the appellant submits that the appellant/plaintiff’s father namely, Thokchom Dhananjoy Singh was serving as an Ex-Technical Jugali of E.E. Water Supply Maintenance Divn. – I, PHED, Manipur and died on 02.10.2019 as a pensioner under PPO No. SM/27205 leaving behind his wife who died on 29.12.2023, the appellant/plaintiff as an unmarried daughter of the deceased and two married daughters namely, Thokchom (N) Nungshitombi and Thokchom (N) Sanahanbi Devi as defendants No. 1 & 2 respectively. The eldest son of (L) Thokchom Dhananjoy and (L) Thokchom (O) Irai Devi namely, Thokchom Priyokumar Singh predeceased his parents in the year 2015 leaving behind the defendant No. 3 as his widow and two daughters namely, Thokchom Joymala and Thokchom (N) Jenny.

[3] The learned counsel appearing for the appellant further submits that since the names of her mother and the appellant/plaintiff herself had been entered in the service record of her father as family members eligible for family pension, her mother enjoyed the pensionary benefits of her father till death of her mother i.e. on 29.12.2023. Consequent upon the death of her mother, she filed a representation dated 25.04.2024 to the Executive Engineer, Water Supply Maintenance Divn. – I, PHED, Manipur for conversion of family pension in her name in respect of PPO. No. SM/27205.

However, when she went to the said office on 18.05.2024, the authority concerned informed her that the file had been returned back as a copy of the order/decree passed by the Ld. Family Court as per O.M. No. 9/54/2009-FD(PIC) dated 17.05.2011 and corrigendum No. 9/54/2009- FD(PIC) dated 27.06.2011 was not enclosed in the representation. Since then, the cause of action arose when the authority concerned informed her to bring a certificate showing herself as an unmarried daughter of late Thokchom Dhananjoy and Thokchom (O) Irai Devi from the Court concerned. Hence, the appellant/plaintiff filed a case being Mat.(Declaration) Suit No. 20 of 2024 before the Ld. Family Court, Manipur at Lamphelpat, Imphal.

[4] The learned counsel appearing for the appellant submits that all the relevant and supportive documents have been filed in support of her contention as given hereunder:

(i) Original copy of pension book being PPO. No. SM/27205 issued by office of Senior Deputy Accountant General (Exbt. A/2).

(ii) Original copy of the death certificate of Thokchom Dhananjoy Singh (Exbt. A/3).

(iii) Original copy of the death certificate of Thokchom (O) Irai Devi (Exbt. A/4).

(iv) Original copy of unmarried & unemployed certificate dated 12.02.2024 issued by the SDO, Lamphel, Imphal West (Exbt. A/5).

(v) Original copy of unmarried certificate dated 20.02.2024 issued by the Councillor, Ward No. 9, Keishamthong Assembly Constituency (Exbt. A/9).

(vi) Xerox copy of the Aadhaar Card of the plaintiff (Mark –X/1).

(vii) Xerox copy of the office memorandum dated 17.05.2011 (Mark – X/2).

(viii) Xerox copy of the corrigendum dated 27.06.2011 (Mark – X/2).

(ix) Original copy of the letter N