N PREM ANANTHI Vs. TAHSILDAR COIMBATORE

JUDGEMENT

(1.) This is a shocking case which may not find a parallel anywhere in the world of a married woman obtaining a certificate of widowhood from a Revenue Official in the lower echelons by fraudulently invoking the presumption under S.108 of the Evidence Act, knowing fully well that her husband is alive with a view to secure admission in a Government Medical College under the quota reserved for widows.

(2.) According to the affidavit of the writ petitioner, she was given in marriage on 11-9-1975 to one R.L. Selvaraj of Bhavani, who was at that time a Final Year M.B.B.S. student in Rangaraya Medical College, Kakinada. The affidavit proceeds to state that the husband had demanded huge sums of money and jewellery-gold and diamond, vessels-silver, brass and stainless steel, besides furniture wooden and steel and that her father spent more than Rs. three lacks for the marriage. According to her, within a few days after the marriage, the husband started ill-treating her both physically and mentally. Admittedly, a female child was born to them in 1976. In the affidavit, the petitioner has not clearly stated as to when she got separated from her husband. But there is an averment that right from 1976 his whereabouts were not known. In the same paragraph the petitioner states that suddenly in 1982 her husband made his appearance and feigned very repentant and hurled promises to keep a happy matrimonial house and suggested that setting up a matrimonial house needed lot of money and again'beguiled her parents to part with huge cash of nearly Rs. 75,000 and also gold jewellery worth 85 sovereigns." It is stated further that he brought her to Madras and made her stay with him for about ten days, but never treated her as his wife. It is not necessary to dilate further on the allegations made by the petitioner against her husband.

(3.) The petitioner, with a view to join the Medical College, applied to the Tahsildar, Coimbatore, for a certificate of widowhood making a representation that her husband was not heard of for about ten years. The Tahsildar issued a certificate on 26-7-1986. It is stated in the certificate that the petitioner had not heard of her husband for about ten years, and under S.108 of the Evidence Act, if a person is not heard of for over seven years, then he is deemed to be dead, and that the petitioner was, therefore, a widow and she had not remarried. Utilising the said certificate, the petitioner got admission in the Coimbatore Medical College. Her husband got scent of the petitioner's activities and filed an application before the Sub Collector, Coimbatore, on 1-4-1987 for cancelling the certificate issued by the Tahsildar.