GNANAMMA Vs. DEVAKI

JUDGEMENT

(1.) The appellants, who are the petitioners before the Trial Court, had sought for Succession Certificate in respect of monies due to the estate of deceased M. Surdaram.

(2.) The Appellants had claimed as the widow and children of the deceased. The respondent also claimed as the widow of the deceased and contested the petition of the appellants. The Trial court has allowed the petition in favour of appellants 2 to 4 and the respondent by directing that the Succession Certificate be issued in favour of all the said parties. The Trial Court has found that the First Appellant was not the legally wedded wife of the deceased-as she had admitted that she was a Christian prior to her marriage and as there was no material to show that she had converted to Hinduism-she could not be held to be the legally wedded wife of the deceased.

(3.) The Counsel for the appellant Shri Shaker Shetty would submit that the finding of the Trial Court on the validity or otherwise of the marriage of the First Appellant with the deceased was without jurisdiction in a summary proceeding under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act' for brevity).