SARITA BAI Vs. CHANDRA BAI

JUDGEMENT

(1.) The order passed in this revision shall also govern the disposal of connected Civil Revision No. 470/2006 since both the revisions have arisen from a common order in two appeals passed by the learned District Judge, Chhindwara.

(2.) One Chandra Bai stating herself to be the wife of Mehtab Singh Gond filed an application under section 372 of the Indian Succession Act, 1925 (in short, 'the Act of 1925') which was registered as Case No. 55/2003 at Chhindwara praying that she had been married to Mehtab Singh Gond and out of their wedlock, two daughters were born, they are applicants 2 and 3 in the application filed before the learned trial Court. The Succession application was filed against Smt. Sarita Bai in which Superintendent of Police, Rajanandgaon was also arrayed as non-applicant No. 2. In the Succession application it has been pleaded that Sarita Bai is the wife of one Raghuveer Prasad and she is not entitled to receive GPF, CIS and gratuity amount of her late husband Mehtab Singh Gond who breathed his last on 24-5-2003 while serving as a Constable No. 74 in the Police Department of the State of M. P.

(3.) After having served with the notice, the present applicant Sarita Bai filed a separate application which was registered as Case No. 12/2004 in the same Court for obtaining succession certificate claiming herself to be legally wedded wife of Mehtab Singh Gond. Inter alia it has been pleaded that her marriage was solemnized with Mehtab Singh Gond in the year 1984. In the service record, her name has been mentioned as a nominee of her late husband. Since Mehtab Singh Gond had died, therefore, it has been prayed by her that the amount of GPF, GIS and gratuity be paid to her. The learned trial Court rejected the application of Sarita Bai but partly allowed the application of Chandra Bai granting succession certificate to her two children born from the company of Mehtab Singh Gond.