C. KALANITHI PREMA Vs. DISTRICT REVENUE OFFICER, VIRUDHUNAGAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned Special Government Pleader for the official respondents and the learned counsel for the substituted fourth respondent.

(2.) The marriage between the petitioner and one Chelladurai was solemnized as per Christian rites and customs on 26/5/1971. Chelladurai wanted to dissolve his marriage with the petitioner and to that effect, the parties executed a registered deed on 24/12/1979. Chelladurai thereafter was living with Pancy Esther Nagomi. They were under the impression that marriage had taken place between them. In fact, a registered document was also executed on the same lines on 24/4/1980. Chelladurai subsequently left Pancy Esther Nagomi and rejoined the petitioner herein. This assertion is contested by the learned counsel for the fourth respondent. Chelladurai passed away on 26/12/2022. The petitioner applied for issuance of legal heir certificate. The authority took the stand that since Chelladurai was twice married as evident from registered documents, legal heir certificate as sought for cannot be issued and the petitioner was relegated to move the jurisdictional Civil Court. Challenging the stand of the third respondent, the present writ petition came to be filed.

(3.) During the pendency of the writ petition Pancy Esther Nagomi passed away on 28/9/2023. This Court therefore substituted her nephew as party respondent.