RMT. TEEKAA RAMAN
P. Jayachandran – Appellant
Versus
A. Yesuranthinam (Died) – Respondent
JUDGMENT
The defeated defendants is the Appellant herein. For the sake of convenience, the parties are referred as per their litigative status before the Trial Court.
The brief facts leading to filing of the Appeal Suit as under:—
2(a). The first Respondent herein is the Plaintiff in O.S.No.33 of 2013. He filed a suit for declaration of title of the Plaintiff over the suit property and for directing the Defendant to deliver possession of the suit property and restrained the Defendant from alienating the suit property.
2(b). The Plaintiff (Respondent herein) is the father of one Y. Margarette Arulmozhi and she was employed as a Head Mistress in the Panchayat Union School, Nagavedu, Arakkonam Taluk. She lived together with one P.Jaya-chandran (Defendant), who is already married person. Since Jayachandran’s marriage with one Stella was not dissolved according to the Indian Divorce Act, Jayachandran and Margarette Arulmozhi were living together without any marriage.
2(c). Jayachandan had executed a settlement deed in favour of the daughter of the Plaintiff under Ex.A2 dated 09.08.2010 and thereafter she died on 24.01.2013. Under Ex.A3 dated 02.04.2013, the settlement deed executed by J
D.Velusamy vs. D.Patchaiammal reported in AIR 2011 SC 479.[Para 29(a)]
S. Kushboo vs. Kanniammal reported in 2010 (5) SCC 600.[Para 29(a)]
A live-in relationship does not confer legal marriage status if one party has a living spouse, and customary divorce is not recognized under the Indian Divorce Act.
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....
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 legal effect of nominations in service records does not confer ownership or override the legal marital status established, as jurisdiction of Family Court extends to marital conflict resolutions.
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....
A continuous cohabitation raises a presumption of marriage; the disputing party carries the burden of proof to establish otherwise.
Recognition of 'No Marriage' between parties of different religions precludes rights to property succession, emphasizing strict adherence to marriage laws under Hindu Succession Act, 1956.
The Family Courts possess exclusive jurisdiction to declare matrimonial status, rendering suits maintainable even post the husband's death, affirming marriage validity standards under applicable Hind....
The main legal point established in the judgment is that the property was purchased with the income of the father, and the settlement deeds were obtained through fraud and coercion, leading to the en....
Illegitimate children are entitled to inherit the property of their parents under Section 16 of the Hindu Marriage Act, 1955, and are to be treated as legitimate for succession purposes.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.