VINEETA SHARMA Vs. RAKESH SHARMA

JUDGEMENT

(1.) There is a conflict of opinion in two Division Bench Judgments of this Court i.e. Prakash vs. Phulavati, 2016 2 SCC 36 and Danamma @ Suman Surpur vs. Amar, 2018 3 SCC 343 with regard to interpretation of Sec. 6 of the Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act of 2005.

(2.) In view thereof, this matter has to be heard by a Bench of three Judge. Though we are sitting in combination of three Judge Bench, learned counsel for the respondent has drawn our attention to Order VI Rule 2 of the Supreme Court Rules, 2013 as per which the matter is to be referred to Honourable the Chief Justice and it is for the Honourable Chief Justice to constitute a Bench for hearing the matter.

(3.) We accordingly direct the Registry to place the matter before Honourable the Chief Justice for constitution of the Bench.