SUNDARIYA BAI CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) FEELING aggrieved by the order dated 29-3-2001 passed by the probate Court (XIth Additional District Judge, Jabalpur) in MJC No. 73/99 granting the probate certificate to deceased respondent Smt. Girja Bai, present appellant has knocked the door of this Court by filing this appeal under section 299 of the Indian Succession Act, 1925 (in short 'the Act' ).

(2.) THE facts shorn of unnecessary details lie in narrow compass. An application under section 276 of the Act was filed by deceased respondent Smt. Girja Bai before the Probate Court stating therein that she got married to chhadami Lal Choudhary on 10-9-1972 and the marriage was solemnized in accordance with the customs, rite and usage as well as according to the traditions prevailing in the Choudhary community to which she belongs. From the wedlock of Girja Bai and Chhadami Lal Choudhary, three children were born they are Ku. Janki Bai, Sohanlal and Ku. Asha. Further it has been stated in the application that earlier her husband got married to Smt. Sundariya Bai who is appellant in this appeal in the year 1958 but she never discharged her matrimonial duties and was not faithful towards her husband as she lacked morality. Ultimately on 12-9-1970, she (first wife) left the company of her husband and eloped along with one teenage boy namely Umesh Pandey after stealing valuable items, ornaments etc. Despite several efforts were made by Chhadami Lal Choudhary she could not be searched nor she returned back to resume the matrimonial life. Chhadami Lal was serving in the Ordnance Factory and in the service record the name of appellant Sundariya Bai (first wife) has been mentioned as his nominee.

(3.) IT is the further case of Girja Bai that her husband on 19-8-1993 executed a registered Will in her favour and ultimately Chhadami died on 15-4-1999.