R.MUNIYANDI Vs. S.GNANARAJ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside the order and decree, dtd. 9/9/2020 in S.O.P.No.8 of 2017 passed by the learned I Additional District Judge, Madurai.

(2.) Heard on either side. Perused the material documents available on record.

(3.) The learned counsel appearing for the Appellants submitted that the Court below not to have allowed the Succession Original Petition in favour of the respondents 1 and 2 alone, without considering that the divorce application filed by the deceased as against the 1st respondent herein and the subsequent marriage was solemnized between the deceased and the 1st appellant on 7/7/2006 and thereby the 2nd appellant was born. He further submitted that the Court below has failed to appreciate legal preposition under Sec. 21 of Indian Divorce Act, 1869 which clearly envisages that even the illegitimate children shall be entitled to succeed in the same manner as the legitimate children, to the estate of the parents. 5.The respondents 1 and 2/petitioners have filed a petition in S.O.P.No.8 of 2017 on the file of the I Additional District Court, Madurai, to issue succession certificate on the ground that the 1st petitioner is husband of deceased ArulHelena and the 2nd petitioner is daughter of the deceased ArulHelena. 6.The appellants/respondents 8 and 9 in S.O.P.No.8 of 2017 contented that the ArulHelena filed a petition in I.D.O.P.No.9 of 2004 against the 1st petitioner and they lived separately. Then ArulHelena married the 1st petitioner/8th defendant on 7/7/2006 and together the 2nd petitioner/9th defendant. 7.ArulHelena died on 27/8/2017 due to illness leaving Bank account and LIC policies as her assets. 8. The point for consideration is that,