JUDGMENT

~ ~ ~ ~ ~ ~ ~

The appellant is the first defendant in O.S.No.81/2003 on the files of the Munsiff's Court, Parappanangadi. The aforesaid suit was filed by the 1st respondent herein for a declaration and also for consequential injunction. According to the plaintiff, she is the legally wedded wife of one Aboobackerkutty and defendant Nos. 2 to 4 are the children born in that wedlock. The marital relationship between the plaintiff and Aboobackerkutty was subsisting till the death of Aboobackerkutty on 26.9.2002. It is further averred that Aboobackerkutty has not married any other lady. He was a Government servant and he retired from service in the year 1986. While so, he started an illicit relationship with the first defendant and used to visit her house. It was also averred that Aboobackerkutty was suffering from mental illness and he was under treatment for insanity till his death. According to the plaintiff, he was not in a sound disposing state of mind and the first defendant and her brothers got executed several documents by Aboobackerkutty making use of his unsound mind. Thus, Exts.A1 to A3 documents were executed without his free will and the plaintiff came to know abou