LAW FOR ALL

Suit for Declaration of title and injunction -Status of Wife - with out production of marriage register of temple in which the marriage was taken place - producing other records does not confirm the status of wife - Legal heirs of deceased filed the suit against alleged second wife of deceased in respect of A-schedule ancestral properties of deceased and B - schedule properties of deceased first wife - Trail court decreed the suit - first appellant court decreed the suit against B schedule only and dismissed the suit against A schedule - in second appeal - High court reversed the first appellant court order and confirmed the order of trial court - holding that first defendant is not the wife of deceased Gounder - Apex court held that when there is perverse in the judgment of first appellant court - High court in second appeal interfere the same and further held that Highcourt rightly uphled that first defendant is not the wife of Gounder - except producing receipts from temple showing payment of marriage tax with out placing the marriage register before the court and mere producing other documents like voter list, bank books, mortgage deed etc., in which she was depicted as wife of Gounder not amounts to prove of marriage - non-producing birth certificates is also fatal to show that she was the wife and also her long co-habitation does not cloth her with the status of wife to claim property and as such dismissed the appeal and confirmed the judgement of high court = CIVIL APPEAL NO.1103 OF 2004 Easwari … Appellant :Versus: Parvathi & Ors. … Respondents = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41758