IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Mat.Appeal.No. 455 of 2007() ---------------------------- OP.881/2004 of FAMILY COURT,THIRUVANANTHAPURAM .................... APPELLANTS/PETITIONERS: ---------------------- 1. P.VASANTHA, D/O KUNJEN, RESIDING AT MANIKANTA MANDIRAM, VILAVOORKAL, MALAYANKIL P.O. 2. MANIKANTAN, RESIDING AT MANIKANTA MANDIRAM, VILAVOORKAL, MALAYANKIL P.O. 3. JAYALEKSHMI, (MINOR), AGED 16 YEARS, RESIDING AT MANIKANTA MANDIRAM, VILAVOORKAL, MALAYANKIL P.O., REPRESENTED BY HER MOTHER, 1ST APPELLANT. BY ADVS. SRI.S.M.PREM SMT.K.P.SANTHI RESPONDENTS: RESPONDENTS ------------------------ 1. SOUTHERN RAILWAY, REPRESENTED BY ITS GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. 2. THE CHIEF ACCOUNTS OFFICER, OFFICE OF THE FINANCIAL ADVISOR, & CHIEF ACCOUNTS OFFICER, CHENNAI-3. BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R1 & 2 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- MAT. APPEAL NO.455 OF 2007 ---------------------------------------------------------------- Dated this the 2nd day of July, 2008 JUDGMENT Kurian Joseph, J. This is an appeal filed against the judgment dated 11.4.2007 in O.P.No.881 of 2004 on the file of the Family Court, Thiruvananthapuram. The appellants claim to be the legal heirs of one Sri. Sreedharan. Sri. Sreedharan had married Vasantha in 1984. But it is seen that Sreedharan had married Kamalam in 1962 and the marriage between Kamalam and Sreedharan was dissolved only in 1992. The Family Court found that Vasantha cannot be the legally wedded wife of Sreedharan because at the time when Sreedharan married Vasantha, there was a marriage subsisting between Sreedharan and Kamalam which was dissolved only in 1992. In view of the factual position as above, the only option open to the appellants is to approach the civil court after impleading the said Kamalam. Without prejudice to such liberty to approach the civil court by way of a proper suit after impleading the said Kamalam, the appeal is dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ Mat.Appeal No.455/2007 2 The words “civil Court” occurring in lines 2 and 3 of paragraph 2 of the judgment dated 02/07/2008 in Mat.Apl.455/2007 are corrected and substituted as “Family Court” as per order dated 11/06/2010 in R.P 313/2010. Registrar Judicial