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OPPILAMANI G (ASST> COMMR)     22 January 2025

Indian evidence act-sec 107 and 108

Sir, My brother Jaraman married one lady in 1979 and she left him within a week after knowng that Jayaraman was living with another lady Sampathkumari at Vandalur. Jayaraman and Sampathkumari both of them worked in registrar's office was living at Vandalur fro 1980. After living 20 years at Vandalur they had separated themselves after executing a release deed on 9-10-200, and got registerd at Ambatore SRO..In that deed they have stated that they were living st Vandalur after marrying each other as per the customery ceremonies, that inspite of 20 years of living that they had no issues. Therefore they separeated themselves after executing a registered marriage cancellation deed. In that deed they had clearly expressed that had expressed that they are not expectng anything any consideration for such action. At the age of 49, Jayaraman in 2001, started living with another lady Rambai whose age was then 40 and kept her as concubine.  Our family and myself do not know anything about both the ladies as Jayaraman never visited his native place for more than 40 years. In 2017 he suddenly visited his native place and stayed  at his sister's house.  On 10-4-2017, he suddenly died at Ariyalur hospital. After knowing his death being elder brother I went to my native place and performed all tituals as he had no issues. Sampathkumari never turned up so far. But Rambai, concubine applied to the Tasildar Chengalpatu for legal heirship certficate posing herself as deceased's legally wedded wife. On knowing the fact I filed objections to the Tasidar stating that Jayaraman was living with three ladies before his death and requestd to conduct a etailed enquiry . The Thasildar and rejected her request and directed to approach civil court.

On receipt of letter I filed ad suit in the Dt.Munsif Court Ariyalur narrating all and rquested  declarng me as Second Clss legal heir. As Sampath kumari left Jayaraman in 2000 and she never apllied for Legal heir certificate and more than 17 years lapsed shwas not added as respondent in mysuit treating her as Civil death. The Court in their order dt 23-6-2023 dismissed the requst of Ramadevi@Rambai for LHC as she was not able to prove her marriage and declred her as Concubine. But at the same time the Court also dismissed my suit as Sampathkumari may be available at Chennai and she cannat be treated as Civil dead referring Sectin 107 and 108 of Evidence Act.  Sampathkumari in 2000 itslf has completely relinquished her right  in the registered deed executed in 2000.  I am aged 76 and cannot travel to Chennai, cannot trace her at a Cosmopolitan city without knowig her address. The summons issued in the address mentioned in the Registered deed wer returned already to the Court and Court has also ordered paper publicatios but no response.

Kindly advice me the proper course to be taken by me in thicase



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     22 January 2025

The court has instructed you to serve summons through newspaper publication hence you first obey the court order and follow the procedures of law.

What made you not to follow up the case in furtherance through your lawyer?

P. Venu (Advocate)     22 January 2025

Prima facie, your brother and Sampathkumari had been living as husband and wife. The so called Marriage Cancellation Deed  does not constitute a decree of divorce. 

The provisions of Section 107 and 108 are of no application in the given facts.

Dr. J C Vashista (Advocate )     23 January 2025

She is still wife (widow) of your brother and his successor as there is no divorce taken place despite living separate and got relinquishment deed registered as stated by you, which is prima facie improper, invalid and illegal.

What was inherited property shared by your brother and his wife, which is stated to have been released by registered Relinquishment Deed ???

 

Shashi Dhara   23 January 2025

You would have claimed your brothers property as he was unmarried and you are the legal heir, so you would have won the case easily only concubine has challenged and it has dismissed. Now yourself has invited trouble.

T. Kalaiselvan, Advocate (Advocate)     23 January 2025

As a matter of fact his legallty wedded wife also left your brother after coming to know about his extra marital affairs but it was not a legal divorce. Therefore the so called living together by your brother with sampath kumari cannot be considered as the married couples, especially when the legally solemnised marriage was not dissolved by a decree of divorce through a court of law. 

you are inviting more troubles for yourself in the greed of availing your deceased brother's property.


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