BHAGWAT PRASAD SHRIVAS Vs. PRANBAI SAMARU JAISWAL

JUDGEMENT

(1.) THIS appeal under section 96 of the Civil Procedure Code is directed against the judgment and decree dated 14 -7 -1987 in Civil Suit No. 15 -A/84 by District Judge, Raigarh. dismissing the suit of plaintiff/appellants for declaration.

(2.) UNDISPUTABLY the plaintiffs/appellants and Basudeo Prasad Shrivas are brothers and sisters. Basudeo Prasad Shrivas was an employee of State Government serving in the Education Department. He was posted as Assistant District Inspector of Schools at Raigarh. Basudeo Prasad died on 13 -3 -1984.

(3.) THE defendant No. 1 Pranbai resisted the suit. According to her, Basudeo Prasad Shrivas was never married to any woman in Uttar Pardesh, as has been averred by the plaintiffs. She also averred that she is the wife of Basudeo Prasad Shrivas. By way of additional pleadings she averred that in the year 1955 she was married to one Swayambar Prasad. However, since Pranbai and Swayambar Prasad had strained relations, they had divorced each other as per caste custom. It was further averred by defendant No. 1 Pranbai that after the divorce from Swayambar Prasad, she lived in her parents home for about 10 years; while Swayambar Prasad after divorce renounced the world and was not heard of thereafter. Swayambar Prasad thus died a civil death. After 10 years of divorce defendant No. 1 Pranbai married Basudeo Prasad Shrivas, as per caste custom in the 'Churi' form of marriage. It was also averred by defendant No. 1 that she and Basudeo Prasad Shrivas lived as husband and wife, till the death of Basudeo Prasad Shrivas. Two daughters and a son were born to Pranbai out of the said wedlock. Therefore, defendant No. 1 and her children are entitled to receive the dues payable by the Government and are entitled to his property on the death of Basudeo Prasad Shrivas.