Santha vs Panchami
2021 Latest Caselaw 21065 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                    &
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
 WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                      MAT.APPEAL NO. 983 OF 2017
       O.P.NO.113/2011 OF FAMILY COURT, KOTTARAKKARA, KOLLAM
                               DISTRICT
APPELLANT/RESPONDENT:

             SANTHA
             D/O.KUNJI, SANTHA BHAVAN, MEENAMKULAM,
             CHITTATUMUKKU P.O., KAZHAKUTTOM,
             THIRUVANANTHAPURAM DISTRICT.

             BY ADVS.
             SRI.ANIL K.MOHAMMED
             SRI.AKHIL BINOY
             SRI.V.S.MANSOOR



RESPONDENT/PETITIONER:

             PANCHAMI
             W/O.LATE P.R.THANKAPPAN, CHARUVILA VEEDU,
             CHAPPAKKODE, MELILA VILLAGE, KUNNIKODU P.O.,
             KOTTARAKKARA TALUK-691506.

             BY ADV SRI.ARUN BABU


THIS    MATRIMONIAL   APPEAL   HAVING     COME    UP   FOR    ADMISSION   ON
20.10.2021,     THE   COURT    ON   THE    SAME    DAY       DELIVERED    THE
FOLLOWING:
 MAT.APPEAL NO. 983 OF 2017

                                     2


                          J U D G M E N T

A.MUHAMED MUSTAQUE, J.

This appeal was filed challenging the judgment of the

Family Court, Kottarakkara, declaring respondent-Panchami

is the legally wedded wife of the deceased

P.R.Thankappan. The appellant-Santha also claimed as a

legally wedded wife of the deceased P.R.Thankappan. The

dispute arose in the context of claiming service benefits

due to late P.R.Thankappan, who was an employee of BSNL.

2. We are referring the parties here by their names

for easy reference.

3. Panchami moved the Family Court for such a

declaration seeks Santha also raised the claim for the

service benefit before the BSNL.

4. Panchami claimed that she married Thankappan in

accordance with Hindu religious rites and ceremonies on

26.02.1968. She produced Ext.A1 marriage certificate

issued by the Akhila Kerala Kuravar Maha Sabha, the MAT.APPEAL NO. 983 OF 2017

community to which Panchami and Thankappan belonged.

Santha claimed that she married Thankappan on 28.02.1967

in accordance with religious rites and customs. The

marriage according to her took place at her family house.

5. The short point that arose for consideration

before Family Court was, whether Santha was legally

wedded wife of Thankappan inasmuch as that she claimed

her marriage with Thankappan was much before the date of

alleged marriage of Thankappan with Panchami.

6. The Family Court, after adverting to the rival

claims allowed the claim of Panchami as a legally wedded

wife, relying on Exts.A1 to A15. The Family Court found

that there was no acceptable evidence on the side of

Santha to prove her marriage. Two factors that weighed

against the claim of Santha were that; she married one

Sukumaran prior to the alleged marriage with Thankappan

and there was no proof of legal separation of that

marriage either by divorce or by death of Sukumaran. MAT.APPEAL NO. 983 OF 2017

Secondly, the documents produced do not show any legal

marriage of Santha with Thankappan. In the back-drop of

rival claim as above, we are only called upon to

appreciate the evidence produced by both sides.

7. Ext.A1 is a marriage certificate issued by the

Akhila Kerala Kuravar Sabha. PW3 is an office bearer of

Sabha was examined to prove Ext.A1. He also deposed that

he had taken part in the marriage. He also deposed the

marriage was in accordance with the community rites and

ceremonies. It seems that in the BSNL record Panchami was

shown as a spouse of the deceased Thankappan. Panchami

produced Exts.A2 to A4 communication received from the

BSNL authority referring her as a spouse, who is eligible

for the family pension. However, this was not released to

her since there existed a dispute in regard to legal

status as a wife. Panchami also produced Ext.A5 an order

of the Family Court, Kollam. This was an order in a

petition related to claim for maintenance. Panchami laid MAT.APPEAL NO. 983 OF 2017

claim against Thankappan. There was a compromise and

Thankappan agreed to pay a sum of Rs.1000/- as a

maintenance. Ext.A6 is another document produced by

Panchami, a ration card in which names of Thankappan

along with Panchami are included. It is to be noted 5

children were born to Panchami in the alleged wedlock

with Thankappan. Ext.A7 is the copy of the SSLC book of

Suresh Kumar T., son of Panchami. In that SSLC book, the

name of the father was shown as Thankappan. SSLC books of

the other children of Panchami were marked as Exts.A8 and

A9. Exts.A8 and A9 would also show that father of Subash

Babu and Santhosh Kumar children of Panchami is the

deceased Thankappan.

8. Santha on the other hand produced Ext.B1, a

marriage certificate issued from the local authority,

this certificate is dated 24.12.2016. It is seen that in

local register of local authority, marriage was

registered on 24.12.2016 between Santha and Thankappan. MAT.APPEAL NO. 983 OF 2017

The date of marriage is shown in the certificate is

28.02.1967. Santha also produced Exts.B2 to B13 to

establish her claim that she was the legally wedded wife

of deceased Thankappan.

9. We have scanned and verified the documentary

evidence produced by both parties. None of the document

produced by Santha would go to show that there was a

valid marriage with Thankappan. Ext.B1 certificate cannot

itself prove a valid marriage. A valid marriage under law

can be recognized as marriage performed or solemnized in

accordance with personal law or under secular law. Merely

entering the details of such marriage in the local

register of local authority itself will not prove that

there exist a valid marriage between the parties. It may

be true that Thankappan had relationship with Santha but

that does not mean there was a legal or valid marriage

between Santha and Thankappan. On the other hand document

produced by Panchami would go to show that her marriage MAT.APPEAL NO. 983 OF 2017

was performed in accordance with Hindu religious rites

and ceremonies applicable to the community, this is

evident from Ext.A1.

10. Apart from the documentary evidence as above

Santha admitted her marriage with Sukumaran prior to the

alleged marriage with Thankappan. If that be so, Santha

was bound to prove the legal marriage with Sukumaran came

to an end either by divorce or by death of Sukumaran.

Ext.A14 is a deposition of Santha in O.P.(S).No.7 of 2008

before the Munsiff's Court, Thiruvananthapuram. In that

she had deposed that Sukumaran expired prior to her

marriage with Thankappan. Santha could have produced the

death certificate of Sukumaran prior to her alleged

marriage with Thankappan.

In the absence of any other documents to establish a

valid marriage of Santha with Thankappan, we have no

hesitation to hold that Panchami was the legally wedded

wife of Thankappan. We are of the considered view that MAT.APPEAL NO. 983 OF 2017

the impugned judgment requires no interference. We

confirm the findings recorded by the Family Court. The

appeal stands dismissed. No cost.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE

AS