SALMA BEGUM Vs. AAMNA BEE

JUDGEMENT

(1.) Legality and propriety of the order dated 15-12-2008 passed by Addl. District Judge, Pendra Road, in Misc. Civil Appeal No. 01/08, is under assail in the instant revision. Petitioners preferred an application under Section 372 of the Indian Succession Act claiming right over the amount left by deceased Sarif Ahmed, who was Driver under Divisional Forest Officer, Forest Division Marvahi, Tehsil Pendra Road, Distt. Bilaspur. The respondent Nos. 1 to 5 also preferred counter claim claiming right over the above amount. Indisputably, the respondent No. 1 is mother, respondent Nos. 2 and 3 are brothers and respondent Nos. 4 and 5 are sisters of late Sarif Ahmed who died on 24-11-2003.

(2.) According to the petitioners, petitioner No. 1 was Panika by caste and Ram Prasad Panika was her previous husband. Three children born out of their wedlock. Petitioner No. 1, after taking divorce (Chhorchhutti) according to her customs from Ram Prasad, professed Muslim religion and entered into marriage with Sarif Ahmed according to Muslim religion and customs on 31-12-2001. Petitioner No. 2 is her daughter from late Sarif Ahmed and therefore, they are entitled for grant of succession certificate with respect to retiral dues of late Sarif Ahmed lying deposit with the respondent No. 6 and also entitled for pension.

(3.) Prayer was opposed by the respondents inter alia on the ground: deceased was unmarried; deceased nominated respondent No. 1 to get his retiral dues after his death and certificates be granted in her name.