LAWS(BOM)-2019-8-96

LEELAWATI RATANRAO MOHITE Vs. ALKA RATANRAO MOHITE

Decided On August 02, 2019
Leelawati Ratanrao Mohite Appellant
V/S
Alka Ratanrao Mohite Respondents

JUDGEMENT

(1.) Heard learned Counsel for the appellant and learned Counsel for the respondent.

(2.) Appeal is admitted on the following substantial question of law.

(3.) That the appellant is the original applicant. The appellant filed an application under Section 372 of the Indian Succession Act, 1925 for grant of succession certificate. The appellant and respondent are real sisters. The appellant is the elder sister respondent. It is the contention of the appellant that her marriage with Ratanrao was solemnized in 1963. It is further her case that though respondent claims to be wife of Ratanrao, however, the marriage during the subsistence of appellant's marriage with Ratanrao cannot be said to be a valid marriage. The respondent came out with the case that she is legally wedded wife of deceased Ratanrao. The marriage was solemnized on 07/06/1971. Ratanrao had nominated her name in his service record and accordingly she is receiving pension.