MARCELIA A. SANGMA Vs. BIONECIA NONGKHLAW

JUDGEMENT

(1.) HEARD Mr. A.H. Hazarika, learned counsel appearing for the appellant as well as Mr. HL Shangreiso, learned counsel appearing for the respondent. This appeal is directed against the judgment and order dated 24 -4 -2013 passed in revocation case No. 12 of 2011 for revocation of succession certificate dated 1 -11 -2010 issued in Succession Case No. 61 of 2010 in favour of the appellant.

(2.) THE present appellant, Smti. Marcelia A. Sangma, and the respondent, Smti. Bionecia Nongkhlaw, are claiming to be the first wife of (Late) Shri Joyraj M. Sangma, who was an employee of the State Bank of India and expired while in service on 23 -9 -2010.

(3.) THE respondent after coming to know the succession certificate dated 1 -11 -2010 issued in favour of the appellant, filed the revocation petition under Section 383 of the India Succession Act, 1925 for revocation of the succession certificate dated 1 -11 -2010 issued in favour of the appellant in the court of the Additional District Commissioner, West Garo Hills, Tura, and the said revocation application was registered as revocation case No. 12 of 2011. In the said application, the respondent pleaded that the respondent married with (Late) Shri Joyraj M. Sangma in the Church as per the provisions of the Christian rites and rituals in the presence of relatives and friends of both the parties in Shillong on 29 -6 -1981 and 5(five) children were born. The respondent and (Late) Shri Joyraj M. Sangma, lived together as husband and wife in the house of the respondent in Shillong before their marriage was legally solemnized in the Church. (Late) Shri Joyraj M. Sangma, was transferred from Shillong and posted at State Bank of India, Baghmara Branch, South Garo Hills, Meghalaya in the year 1993, and the marriage between the respondent and her husband, (Late) Shri Joyraj M. Sangma, had not been dissolved or terminated. Therefore, the marriage of the respondent and her husband, (Late) Shri Joyraj M. Sangma, continued to remain intact till the death of (Late) Shri Joyraj M. Sangma, while in service in 23 -9 -2010. Respondent further pleaded in the said application that during the subsistence of the marriage of the respondent with (Late) Shri Joyraj M. Sangma, the appellant cannot marry (Late) Shri Joyraj M. Sangma, and if there be a relationship between the appellant and (Late) Shri Joyraj M. Sangma, that will be only an illicit relationship.