IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Mat.Appeal.No. 541 of 2011() ---------------------------- OP.502/2008 of FAMILY COURT, ALAPPUZHA .................... APPELLANT/PETITIONER ------------------------------------ GIRIJAMMA, AGED 45 YEARS, W/O.LATE SASIDHARA KURUP, MELEDATHU KIZHAKKETHIL HOUSE, PALAMEL, PADANILAM,NOORANADU. BY ADV. SRI.C. RASHEED RESPONDENT/RESPONDENT ----------------------------------------- THULASEKUTTY AMMA, AGED 60 YEARS, POKKATTU VEEDU, DEVIKULANGHARA, PUTHUYPALLY, KAYAMKULAM-690 527. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb THOTTATHIL B.RADHAKRISHNAN & N.K.BALAKRISHNAN, JJ. ---------------------------------- Mat. Appeal No. 541 OF 2011 --------------------------------------------- Dated this the 11th day of July, 2011 J U D G M E N T THOTTATHIL B.RADHAKRISHNAN,J. Sri.G.Sasidhara Kurup was employed in military service. He died on 20.09.2006. The respondent indisputably, had a valid marriage with him. They were governed by the Hindu marriage customs under the Hindu Marriage Act, 1955. Sri.G.Sasidhara Kurup did not succeed in getting divorce through court, though he had sued the respondent for that. 2. The appellant cohabited with Sri.G.Sasidhara Kurup. She says that she has two daughters in that relationship. The court below dismissed her suit for declaration that she has a valid marriage with Sri.G.Sasidhara Kurup. Mat. Appeal No. 541 OF 2011 2 3. In the aforesaid premise, it cannot but be held that there was valid marriage between late Sasidhara Kurup and the appellant. The conditions for a valid Hindu marriage in terms of the Hindu marriage Act stood violated because Sasidhara Kurup had already a wife living. The provisions of the Hindu Marriage Act declare that the later relationship between the appellant and Sasidhara Kurup would be a void marriage even if it is held out as a marriage. 4. However, we find that the request of the appellant for declaration from the Family Court was for family pension and other terminal benefits. Family Pension Rules and availability of family pension, either in State service or Central service, do not depend upon any nomination. The respondent, being the wife, that is to say, now widow, of Sri.G.Sasidhara Kurup, is entitled to the family pension. 5. If Smt.Girija (appellant) and children have any claim to the estate of Late Sri.G.Sasidhara Kurup and any further plea Mat. Appeal No. 541 OF 2011 3 in such estate also includes other retiral benefits due on his account, those are matters to be worked out by her and daughters in accordance with law. We clarify that the impugned and this judgment do not affect any right on parties in that regard. We find no merit to interfere with the impugned judgment. The appeal is accordingly dismissed in limine. THOTTATHIL B.RADHAKRISHNAN JUDGE. N.K.BALAKRISHNAN JUDGE dmb