NARMADABAI RAGHUNATH SHINGOTE Vs. PANKAJ RAGHUNATH SHINGOTE

JUDGEMENT

(1.) THE present appeal filed by the original Applicant no.1 in Misc. Application No.520 of 1994 on the file of Civil Judge, Senior Division, Pune.

(2.) THE present appellant and respondent nos.1, 2 and 3 are applicants in Misc. Application No. 520 of 1994. The original applicant no.1 claims to be legally wedded wife of Raghunath while the original applicant nos.2, 3 and 4 claims to be children born out of the said wedlock. The respondent no.4 is original opponent no.1 while respondent no.5 is original opponent no.2. Original opponent no.1 claims to be the legal wife while original opponent no.2 claims to be the daughter of Raghunath and opponent no.l out of the said wedlock.

(3.) THE present appeal is filed by the applicant no.1 Narmadabai contending therein that the trial Court was wrong in holding that her marriage with Raghunath is not proved. It is relevant to note that no documentary evidence is adduced by Narmadabai to show that her marriage was solemnised on 10th June, 1969 as alleged. On the contrary there is a documentary evidence on record produced by opponent no.1 to show that her marriage with Raghunath was solemnised on 19.5.1970. Opponent no.1 has produced invitation card of her marriage and letters written by Raghunath addressed to the father of opponent no.1. The opponent no.1 has also produced record showing that she has filed application under Section 125 Cr.P.C. wherein Raghunath admitted the status of opponent no.1 as legally wedded wife and in view of the said admitted position, maintenance amount was granted and was paid during the life time of Raghunath. The invitation card coupled with letter and order passed under section 125 Cr.P.C. clearly shows that the opponent no.1 is legally wedded wife of Raghunath. There is admission of Raghunath on record admitting that opponent no.1 is his legally wedded wife. On the contrary the appellant-applicant no.1 has failed to adduce any evidence to show her legal marriage with Raghunath. The oral evidence on record adduced by appellant-applicant no.1 do not inspire any confidence as the same is not supported by documentary evidence on record and also in view of the letters written by Raghunath as well as admission in proceedings under Section 125 Cr.P.C. There is material contradiction in the version of the witnesses of the appellant-applicant no.1 regarding the date of the marriage, time of the marriage and place of the marriage. In view of this evidence on record, case of the opponent no.1 must be accepted that after her marriage Raghunath developed his relations with applicant no.1 and there was no legal marriage between Mrs. Raghunath and appellant-applicant no.1. Mr. Vechalekar, advocate appearing for the applicant is unable to point out any error in the impugned order. In my judgment, on evidence on record the applicant no.1's case that she is the legally wedded wife of deceased Raghunath cannot be accepted and the trial Court has rightly declined to grant succession certificate in her favour. There is no merit in the present appeal. Appeal to stand dismissed with no order as to costs.