REGENT COMPUTRONICS PVT. LTD.

RAM PYARI Appellant

V/S

DHARAM DAS Respondents

Referred Judgements :-

TWENTY V. TWENTY [REFERRED TO]
R. V.ALGAR [REFERRED TO]
DR. JOKHAN PRASAD SHUKLA V. LAXMI DEVI [REFERRED TO]
SHANKARAPPA V. BASAMMA [REFERRED TO]
RAM KRIPAL V. STALE OF U.P. [REFERRED TO]
BANSHIDHAR JHA V. CHHABI CHATTERJI [REFERRED TO]
PHOOL CHANDRA V. STATE OF U.P.,1978 ALL LR 198 [REFERRED TO]
HAR MOHAN V. KAMLA KUMARI [REFERRED TO]
MOHAMMAD IKRAM HUSSAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
GANGA BAI VS. VIJAY KUMAR [REFERRED TO]
PREMIER AUTOMOBILES LIMITED AUTOMATIC ELECTRIC PVT LIMITED VS. KAMLEKAR SHANTARAM WADKE OF BOMBAY :ENGINEERING MAZDOOR SABHA [REFERRED TO]
BATA SHOE COMPANY LIMITED VS. CITY OF JABALPUR CORPORATION [REFERRED TO]
MADDADA CHAYANNA VS. KARNAM NARAYANA [REFERRED TO]
ISHWAR SINGH VS. HUKAM KAUR [REFERRED TO]
NAURANG SINGH CHUNI SINGH VS. SAPLA DEVI [REFERRED TO]
SHEEL WATI VS. RAM NANDANI [REFERRED TO]
T RANGASWAMI VS. T ARAVINDAMMAL [REFERRED TO]
BAJIRAO RAGHOBA TAMBRE VS. TOLANBAI MISS [REFERRED TO]

JUDGEMENT

(1.) Dissenting with a decision reported in Smt. Sheelwati v. Smt. Ram Nandani (AIR 1981 All 42), Hon'ble B. N. Sapru, J. has referred the following question: "Whether the view taken in Smt. Sheelwati v. Smt. Ram Nandani (AIR 1981 Allahabad 42) is correct in so far as it lays down that the validity of a void marriage being in contravention of the provisions of Setcion 5 (i) read with Section 11 of the Hindu Marriage Act cannot be gone into at the instance of a third aggrieved party after the death of the spouses to the marriage."

(2.) The relevant facts which led to the above reference have been noted by the learned Judge in his judgment. It appears that Smt. Ram Pyari, the appellant, moved an application for grant of a succession certificate before the District Judge, Kumaun to the assets of her husband Tula Ram. It was alleged that the applicant Smt Ram Pyari was married to Tula Ram and that he having died without leaving any issue, she was entitled to the succession certificate.

(3.) The objectors, who were kith and kin of Tula Ram, pleaded that Smt. Ram Pyari was not the legally wedded wife of Tula Ram and she was not entitled to the grant of the succession certificate. The learned District Judge rejected the application on April 10, 1973, Against that judgment the present appeal was filed.

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RAM PYARI Vs. DHARAM DAS

Referred Judgements :-

JUDGEMENT

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