USHA Vs. POOJA DILIPKUMAR POL

JUDGEMENT

(1.) RFA No.4083/2012 is filed challenging the judgment and decree passed in O.S.No.1/2010 on the file of the District Judge, Karwar and RFA Crob.No.100006/2023 is filed challenging the judgment and decree passed in O.S.No.15/2011 on the file of the District Judge, Karwar. Both the suits were clubbed together, common evidence was recorded and disposed of by a common judgment.

(2.) O.S.No.1/2010 is the suit for declaration and mandatory injunction, wherein the plaintiff claimed that she is the legally wedded wife of Dilipkumar Pol and she claimed entire service benefits of Dilipkumar Pol, who was a teacher in a Government School. It is stated that Dilipkumar Pol died on 5/12/2005, while he was in service. The suit is filed against the Principal of the School where he was working, the Block Education Officer, the DDPI, Bagalkote as well as Smt. Usha Dilipkumar Pol. Smt.Usha Dilipkumar Pol claimed to be the second wife of late Dilipkumar Pol.

(3.) The second suit namely, O.S.No.15/2011 is filed by Usha W/o.Dilipkumar Pol. Initially Usha Dilipkumar Pol filed a petition seeking probate in respect of the Will alleged to have been executed by Dilipkumar Pol. In the said petition, the first wife was made as a party. The first wife opposed the petition and later it was converted into suit and renumbered as O.S.No.15/2011. The second wife claimed right under the Will dtd. 9/8/2005, alleged to have been executed by the deceased Dilipkumar Pol. While Usha claimed to be the second wife of late Dilipkumar Pol, it is her specific contention that Dilipkumar Pol had divorced his first wife Pooja. On the other hand, Pooja, the first wife disputed the claim that she was a divorcee. The decree of divorce was not produced. Thus the divorce is not established. The trial Court has given a finding that Pooja is the legally wedded wife of late Dilipkumar Pol and Usha's marriage with Dilipkumar Pol is void.