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2019 Supreme(Ker) 920

K.HARILAL, C.S.DIAS
Benjeena. P. J. – Appellant
Versus
C. P. Pappachan – Respondent


Advocates Appeared:
For the Appellant : Sri. T. Madhu, Smt. C.R. Saradamani, Sri. B.S. Suraj Krishna
For the Respondent: Sri. M. Balagovindan, Sri. C.P. Udayabhanu

JUDGMENT :

Dias, J.

The appellant, who is the petitioner in O.P. 128/2018 on the files of the Family Court, Ernakulam, is aggrieved by the dismissal of the original petition as not maintainable.

2. The appellant had filed the original petition, inter alia, seeking a decree to declare that she is the wife of the 1st respondent.

3. It was her case before the Family Court that she got acquainted with the 1st respondent. The 1st respondent used to visit her at her house at Varapuzha, and he finally adorned a thali chain on her and accepted her as his wife. They declared before the Altar of Jesus Christ that they have entered into the sacred covenant of marriage, and they would staunchly abide by it.

4. It was further averred that the marriage was witnessed by the driver and maidservant of the 1st respondent. Subsequently, on 8.11.2015, the 1st respondent again tied a thali chain on the appellant at Chittoor Dyana Kendram, a Christian Charismatic Retreat Centre. There also, the 1st respondent declared that he accepted the appellant as his wife and the appellant confirmed her consent in accepting the 1st respondent as her husband. They then started living together as man and wife.

5. The appel

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