N. Nagarajan VS Schekar Raj

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

P. T. ASHA
N. Nagarajan – Appellant
Versus
Schekar Raj – Respondent

Advocates:
Counsel for the Parties:
For the Appellants:M/s. Sharada Vivek, Advocate
For the Respondent:Mr. K.R. Hariharan, Advocate

JUDGMENT

Saint Thiruvalluvar, the Great Tamil Poet had epitomized the role of a son in a couplet as follows:—

“(Matter In Other Language)”

Translated the same means that “where a son conducts himself in such a manner that people around would praise the father and state that the father must have undergone great penance to have begotten such a son.”

The above words echoes the ethos of our society. The case on hand demonstrates how these values are fast loosing its significance.

The words of Justice V.R. Krishna Iyer in his Judgement reported in AIR 1980 SC 2181 - The Life Insurance Corporation of India Vs. D.J. Bahadur and Others “Judicial acceptance of social dynamics as protected by the Constitution is the crucial factor in this case” sets the tone for the instant case.

2. The unfortunate parents are the appellants before this Court. The challenge in this Second Appeal is to the Judgment and Decree in A.S.No.172 of 2018 on the file of the III Additional City Civil Court, Chennai in and by which the learned Judge has reversed the Judgement and Decree of the Trial Court. It is necessary to allude to the facts which has culminated in the filing of the above Second Appeal and for ease o