SHAHANAZ BEGUM AND ORS. Vs. LALITABAI AND ORS.

JUDGEMENT

(1.) SINCE these two appeals are in respect of the same judgment passed by the trial Court. The parties are same and common question of law and facts are involved in these appeals, they have been taken up together for final disposal.

(2.) MFA No. 30721/2011 has been filed by the appellants, who claims to be the wife and children of deceased Dharmarao, being aggrieved by the judgment and order passed by the trial Court at Gulbarga, dismissing the suit for declaration of their right for entitling the service benefits of the deceased Dharmarao from the Excise Department.

(3.) THE brief facts of the case of the parties before the trial Court that the plaintiffs therein have filed a suit, contending that Dharmarao was working as Excise Guard in Excise Department and though he married defendant No. 1 -Lalitabai but subsequently, he converted to Islam Religion and married plaintiff No. 1 and in the wedlock, plaintiff Nos. 2 and 3 were born to the couples. It is also their contention that in the said suit regarding his conversion, he has given paper publication in Kranti Kannada Daily Newspaper, dated 08.06.1995 and he has also filed an application before the Excise Inspector for effecting the changes in his official records of his lawful conversion to Islam Religion. Defendant No. 1 -Lalitabai appeared in the suit and filed the written statement, denying the allegations made by the plaintiffs in the suit that Dharmarao converted to Islam Religion and thereafter married plaintiff No. 1 and plaintiff Nos. 2 and 3 were born to the couples in the wedlock. It is her contention that she was the legally wedded wife of the deceased Dharmarao and her marriage was not dissolved till the death of Dharmarao and she is entitled for service benefits of Dharmarao. Hence, she sought for dismissal of the suit.