MITHILA DUBEY Vs. SHANTI BAI

JUDGEMENT

(1.) Heard.

(2.) Brief facts are that deceased Premraj Rajeshwar Dubey was working as a peon in Chhattisgarh State Electricity Board, Korba (West). He had nominated the applicants i.e. his wife and children as nominees in the service record. On his death on 7-4-2004, the department asked for a succession certificate from the applicants herein who filed an application under Section 372 of the Indian Succession Act before Civil Judge, Class-I, Katghora, District Korba in Succession Case No. 16/2004. The non-applicants herein resisted the application on the ground that non-applicant-Shanti Bai was wife of the deceased Premraj who had executed a Will in favour of the non-applicants prior to his death.

(3.) The learned Civil Judge, Class-I. Katghora on appreciation of evidence adduced by the parties held that the applicant Mithila Dubey was the legally married wife of the deceased and the applicants No. 2 to 4 were children of the deceased. It was held that the non-applicant No. 1 Shanti Bai was not the legally married wife of the deceased and the non-applicant No. 2 Vinod was not the son of the deceased however the execution of a Will by deceased Premraj in favour of the non-applicants was established. It also took into consideration that the appllcant- Mithila Dubey had admitted in cross-examination that she had lived with her husband Premraj only for a period of five years after her marriage and thereafter, she was living separately in her maternal home since about 11 years with her children and had no relationship with her husband during this period. On these premises, the learned Civil Judge, Class-I, Katghora ordered issuance of a succession certificate in favour of the non-applicants for receiving the amount of Rs. 2,10,023/- from the Chhattisgarh State Electricity Board.