Case Note & Summary
The dispute arose over the legal heirship and terminal benefits of deceased Sundaramoorthy, who worked as a clerk in the Corporation of Chennai and died on December 18, 2004. The plaintiff claimed she married Sundaramoorthy on March 11, 1987, under Hindu Rites and Customs, and that a daughter was born from their wedlock. She asserted that her marriage was first in time and that her daughter was the sole legitimate legal heir. The plaintiff further contended that any subsequent marriage between Sundaramoorthy and the first defendant was void ab initio and non-est in law. The first defendant, however, stated that her marriage to Sundaramoorthy was solemnized on January 4, 1987, also under Hindu Rites and Customs, and that two children were born. She alleged that the plaintiff was not the lawful wife and that she and her children were entitled to the terminal benefits. The first defendant relied on an NGO certificate produced at the Government Gosha Hospital during her delivery. The Corporation of Chennai was impleaded as the second defendant as the employer of the deceased. The VII Additional Family Court, Chennai, framed issues including whether the plaintiff had a cause of action and whether she was entitled to the declaration. The Family Court passed a judgment and decree on February 20, 2018, in O.S.No.86 of 2005, the content of which is not detailed in the available excerpt, but it was adverse to the first defendant, who then filed the present Civil Miscellaneous Appeal under Section 19 of the Family Court Act, 1984. The High Court reserved judgment on November 18, 2024, and delivered its decision on February 19, 2025. The record does not include the High Court's reasoning or final order.
Issue of Consideration
Whether the plaintiff is entitled for a declaration that she is the legally wedded wife of the deceased Sundaramoorthy and consequently entitled to receive all his terminal benefits; whether the subsequent marriage is void ab initio.
Case Details
2025 LawText (MAD) (02) 20
CMA No.2543 of 2018 and CMP No.19332 of 2018
J.Nisha Banu, R.Sakthivel
V.N.Shanthi, N.Manikandan, M.Elumalai, P.T.Ramadevi
Mrs. Indira Priyadarshini
1. Mrs. Santhanalakshmi @ Saraswathi, 2. The Commissioner, The Corporation of Chennai
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Nature of Litigation
Civil suit for declaration of legally wedded wife and entitlement to terminal benefits of deceased husband
Remedy Sought
Plaintiff sought declaration as the legally wedded wife of Sundaramoorthy and entitlement to receive all his terminal benefits
Filing Reason
Dispute over who is the lawful wife of deceased Sundaramoorthy, an employee of Corporation of Chennai, for claiming death-cum-terminal benefits
Previous Decisions
The VII Additional Family Court, Chennai, passed a Judgment and Decree dated February 20, 2018, in O.S.No.86 of 2005; the first defendant appealed against that decree.
Issues
Whether there is no cause of action for filing the suit as contended by the 1st defendant?
Whether the plaintiff is entitled for a declaration that she is the legally wedded wife of the deceased Sundaramoorthy?
Submissions/Arguments
Plaintiff claimed marriage on March 11, 1987, first in time; daughter is legitimate heir; subsequent marriage of first defendant with Sundaramoorthy is void ab initio.
First defendant claimed marriage on January 4, 1987, under Hindu Rites; two children born; she lived with Sundaramoorthy until his death; produced NGO certificate at hospital during delivery; plaintiff is not entitled to benefits.
Judgment Excerpts
The plaintiff married one Sundaramoorthy on March 11, 1987, as per Hindu Rites and Customs.
The alleged marriage between the plaintiff's husband and the first defendant is void ab initio and non-est in the eyes of the law.
The first defendant filed a written statement wherein it is stated that the marriage between the first defendant and her husband - Sundaramoorthy was solemnized on January 4, 1987, as per Hindu Rites and Customs.
Procedural History
Original Suit O.S.No.86 of 2005 filed before VII Additional Family Court, Chennai. Judgment and decree passed on February 20, 2018. First defendant filed Civil Miscellaneous Appeal No.2543 of 2018 under Section 19 of Family Court Act, 1984, before the High Court of Judicature at Madras. Judgment reserved on November 18, 2024, and delivered on February 19, 2025.
Acts & Sections
- Family Court Act, 1984: Section 19
