Cohabitation and Existence of Children from Second Marriage Do Not Confer Legitimacy: Kerala High Court

In a important judgment, the Kerala High Court has upheld the sanctity of the first marriage in a case involving a dispute over the legitimacy of a deceased man's marital status and his children. The bench, comprising the Honourable Mrs. Justice Anu Sivaraman and Honourable Mr. Justice C.Pratheep Kumar, dismissed an appeal against the Family Court's decision, which recognized A.K.Radhamani as the legal wife of the late K.T. Ramakrishnan Nambiar, a former Village Officer.

The case, MAT.APPEAL NO. 813 OF 2017, brought forward by T.Rema and her children, challenged the claim of A.K.Radhamani and her son A.K.Rajeevan, asserting their rights as the legitimate wife and son of Nambiar. The Family Court had previously adjudicated in favor of Radhamani, citing substantial evidence supporting her marriage to Nambiar in 1966. Rema, claiming to have married Nambiar in 1970 and mother to three of his children, contested this decision.

The High Court, after thorough examination of oral and documentary evidence, reiterated the legal principle that "cohabitation and existence of children from a second marriage do not confer legitimacy due to a prior valid marriage." This observation by the court reinforces the legal stance against bigamy and the importance of the legitimacy of the first marriage under the Hindu Marriage Act.

The case highlights the complexities of marital relationships and the legal implications of customary rites in Hindu marriages. The court emphasized that despite long cohabitation and the presence of children from the second relationship, the sanctity and legality of the first marriage remain paramount.

Date of Decision: 18 January 2024

REMA VS K.RADHAMANI