ANU SIVARAMAN, C. PRATHEEP KUMAR
T. Rema – Appellant
Versus
A. K. Radhamani – Respondent
JUDGMENT
C. Pratheep Kumar, J.—Two old women are fighting against each other in this appeal, claiming the status of the legally wedded wife of deceased K.T.Ramakrishnan Nambiar. Ramakrishnan Nambiar, who was working as a Village Officer, died on 24.9.2012. According to the 1st respondent, Ramakrishnan Nambiar married her on 27.4.1966 as per the religious rites and ceremonies and the 2nd respondent is the only son born in that wedlock. On the other hand, the 1st appellant claims that late Ramakrishnan Nambiar married her on 28.3.1970 as per the customary rites and appellants 2 to 4 are the children born in that wedlock. After the death of Ramakrishnan Nambiar, the respondents applied for legal heirship certificate before the Revenue Officials for claiming family pension. Since the appellants raised objection, they approached the Family Court, Kannur, for a declaration that the 1st respondent A.K.Radhamani is the legally wedded wife of K.T.Ramakrishnan Nambiar and that the 2nd respondent A.K.Rajeevan is the son born in that wedlock. As per the impugned judgment dated 15.5.2017, the Family Court allowed the claim. Aggrieved by the above judgment, the appellants preferred this appeal.
Void marriage – Cohabitation between a man and woman, however long it may be, same will not acquire character of a valid marriage, if it is during subsistence of another marriage.
The validity of subsequent marriage during the subsistence of a previous marriage under Section 11 of the Hindu Marriage Act.
A continuous cohabitation raises a presumption of marriage; the disputing party carries the burden of proof to establish otherwise.
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....
Restitution of conjugal rights – If photographs are available, they require a non-biased approach for their consideration.
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....
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