JAYANTHI KANAKAVALLI Vs. K LOUIS RAJU

JUDGEMENT

(1.) This appeal is filed under Section 384 of the Indian Succession Act, 1925, (for short 'the Succession Act'), assailing the order of the I Additional Chief Judge, City Civil Court, Secunderabad, dated 30.4.2001, in O.P. No. 140 of 1999.

(2.) Respondents 1 to 6 filed the O.P., under Section 372 of the Act, for grant of succession certificate, so as to enable them to receive the service benefits of Mr. K. Nagaraju. According to them, Mr. K. Nagaraju, husband of 1st respondent and father of respondents 2 to 6, was employed in the South Central Railways, and since 1991, his whereabouts are not known. They pleaded that they undertook extensive search for him, and lodged a complaint with the police on 30.8.1991. Since the search by them and the police did not yield any result, they made an application to the South Central Railways, for payment of the service benefits of Mr. K. Nagaraju by contending that a presumption can be drawn that he is no more. It was pleaded that the 1st respondent was married to Mr. K. Nagaraju on 28.4.1971, and Respondents 2 to 6 were borne out of that wedlock.

(3.) Since the appellant herein made a rival claim before the 7th Respondent, she was impleaded as 1st respondent in the O.P. She pleaded that she was married to Nagaraju, way back on 5.1,1967, in the Andhra Evalangical Luthern Church, Luthernagar, Rajahmundry. She filed a marriage certificate. She also pleaded that out of their wedlock, one daughter, by name, Ragini, was born, and that she is 32 years of age by the time she filed the counter-affidavit.