SENTHAMARAI VELU Vs. THASILDHAR CHENNAI

JUDGEMENT

(1.) THE petitioner has approached this Court to dispose of the representation dated 03.02.2010 given to the first respondent. THE case of the petitioner is that she was the legally wedded wife of Late. Punithavelu, and the said marriage was solemnized on 16.12.1996. THE said Punithavelu died on 31/12/2008 intestate leaving behind the petitioner and his son and daughter, who were born out of the wed lock between Mrs.Vijaya and Punithavelu. Mr.Punithavelu, got divorced Mrs.Vijaya and subsequently, the petitioner got married the said Punithavelu.

(2.) THE petitioner submits that son and daughter of Punithavelu and she are the only legal heirs of Punithavelu who died on 31.12.2008. THE petitioner came to know that legal heir certificate dated 24.03.2009 was issued by the first respondent stating that Mrs.Vijayavelu (1) Mrs.Sudhakaran (2), and Mrs.Malarvizhi, are the Legal heirs of the deceased Punithavelu without including petitioner as Legal heir. She obtained the said information invoking Right To Information Act through communication issued in December 2009 along with certain documents based which the Legal heir Certificate was issued to one Mr.Ramachandran.

(3.) A perusal of the records would show that the petitioner was married to the said Punithavelu as early as on 15.09.1996 as evidenced from the Extract of the Hindu Marriage Register, issued by Hindu Marriage Registrar, Pammal, issued on 16.12.1996. The decree dated 30.05.1996 obtained in the Foreign Court Viz., the Circuit Court of the Eighteenth Judicial Circuit, in and for Seminole Country, Florida would go to show that Vijayavelu divorced the second respondent