NASEEM BEGUM ALIAS NASEEM AKHTAR Vs. SHAISTA

JUDGEMENT

(1.) THE contention of the appellant before this Court challenging the order dated 8. 4. 2008 passed in the application for grant of succession certificate by the Civil Judge (Sr. Div.), Bareilly, is that after divorcing the first wife, respondent No. 1 herein, the appellant married the person, who now deceased. In-spite of the same, not only a sum of Rs. 82,404/- has been granted in favour of the first wife-respondent No. 1 but she is holding about Rs. 3,00,000/- as nominee of the deceased, as per service record.

(2.) THE appellant further contended that a suit has already been filed by her for the purpose of declaration that the appellant is legally married wife of the deceased.

(3.) ACCORDING to us, the appellant has proceeded wrongly with the case herein. Under the order impugned, a sum of Rs. 3,89,772/- was prayed but rejecting such claim on the basis of objection of the respondents i. e. first wife and the others, a sum of Rs. 82,404/- has been granted to them on such limited order.