AMIRTHAMMAL Vs. D.VASUDEVAN

JUDGEMENT

(1.) The above civil revision petition emanates from a Succession O.P. filed by the first respondent herein, seeking issuance of succession certificate in his favour, as the first respondent herein is the only surviving legal representative of the deceased Kowsalya. The said succession O.P.No.5 of 2006 was instituted on the file of the Sub Court, Periyakulam. The petition was filed against the petitioners herein who claim to be the mother and adopted son of Kowsalya respectively.

(2.) The facts in brief, which are necessary to dispose of the above civil revision petition are as follows:

(3.) The learned counsel appearing on behalf of the petitioners would contend that the first respodent and the deceased Kowsalya had parted ways. The customary divorce deed was executed and that the terms of the deed had been acted upon by both the parties and therefore, there was no relationship of husband and wife between the first respondent herein and the deceased Kowsalya. Therefore, after the divorce, the said Kowsalya had adopted the second petitioner herein and in her service records, she had substituted the name of the petitioners herein. The learned counsel would further argue that the lower appellate Court totally failed to appreciate the fact that the first respondent herein and the deceased Kowsalya had not been living together from the date of the divorce and further, the first respondent herein is living with another women, even during the lifetime of Kowsalya. He would further seek to have the order passed in C.M.A.No.11 of 2010 to be set aside.