KUNDA RUSHI MESHRAM Vs. SUSHILA RUSHIJI MESHRAM

JUDGEMENT

(1.) This appeal filed under Section 100 of the Code of Civil Procedure, 1908 has been heard on the following substantial question of law:

(2.) The respondent no.1 herein filed proceedings under Section 372 of the Indian Succession Act for grant of Succession Certificate. According to her, she was married with one Rushi Meshram who was employed with Zilla Parishad, Aheri. From said marriage, respondent Nos.2 and 3 were born. Her husband expired on 12-9-2010. As she desired to obtain pensionary benefits she applied to the employer who directed her to obtain a Succession Certificate.

(3.) The trial Court by judgment dated 30-11-2012 held that the marriage of Rushi Meshram with respondent no.1 was prior to the marriage of appellant no.1. On that basis it was held that the respondents as well as appellant nos.2 and 3, the children from the second marriage were entitled for receiving the pensionary benefits of deceased Rushi Meshram. Being aggrieved, the appellants herein filed an appeal challenging the aforesaid judgment. The appellate Court by its judgment dated 5-3-2016 held that respondent no.1 was the first wife of Rushi Meshram. The appellant no.1 not being the legally wedded wife, she was not entitled for any pensionary benefits. On that count the appeal came to be dismissed. Being aggrieved the present appeal has been filed.