LATA EKANATH PATIL Vs. TANUJA EKANATH PATIL

JUDGEMENT

(1.) In this appeal preferred by the appellant-lady who claims to be wife of deceased Eknath Patil, disputes the disbursement of the amount to respondent Nos. 1 and 2 who are children of the deceased Eknath by his first wife.

(2.) The appellant filed application under Section 372 of the Indian Succession Act before the lower Court on the ground that she was legally wedded wife of deceased Eknath and their relations as husband and wife existed till the death of Eknath who expired on 6-6-2005. Deceased Eknath was working as Goods Guard in Central Railway Bhusawal Division. Respondent Nos. 1 and 2, who are children of deceased Eknath begotten from his first wife since the deceased, have made claim of amount of Rs. 7,30,536/- which was available for disbursement from the employer to legal successors of deceased Eknath. The appellant informed the Railway Authorities that she was entitled to the amount of deceased Eknath regarding service settlement dues and family pension on 13-6-2005. The Railway Authorities issued letter to her informing that the respondents were recorded as nominees of deceased and her name was not found to be on record and therefore, she initially filed R.C.S. No. 34/2006 in the Civil Court at Bhusawal for injunction against the Railway Authorities. However, subsequently it came to be withdrawn and the application under Section 372 of the Indian Succession Act was filed.

(3.) The trial Court after hearing both the sides, in the contesting petition under Section 372 of the Indian Succession Act settled two issues and answered those in the negative to hold that the appellant had not proved that she was legally wedded wife of Eknath and they had legally performed ceremony of marriage. Consequently, it was held that she was not entitled to succession certificate as prayed for and dismissed the application. Hence the present appeal.