VIDYUDEEP CHHIDAMILAL SUKHAD Vs. SUBHADRABAI CHHIDAMILAL SUKHAD

JUDGEMENT

(1.) This is the First Appeal directed against judgment and decree dated 8th November, 1994, passed by IVth Additional Judge to the Court of District Judge, Sagar in Civil Suit No. 7A of 1991.

(2.) Facts giving rise to this appeal are that the plaintiff Smt. Subhadra Bai filed the present suit .igainst the defendant Smt. Vidya Devi, wife of deceased Chhidamilal Sukhad, her son Vidyudeep, State of M.P. and the Superintendout of Police, Sagar praying that the succession certificate granted in favour of defendants Smt. Vidya Devi and her son Vidyudeep in the Civil Suit No. 33 of 1989 judgment dated 22nd January, 1990 may be declared as null and void as the plaintiff is the lawfully wedded wife of deceased Chhidamilal Sukhad and she is entitled to all post retiral benefits, i.e. the sum of Rs. 10,000.00 of widow fund, G.f.F. in the sum of Rs. 50,000.00, gratuity in the sum of Rs. 37,760.00, leave encashment amount of Rs. 5,496.00, ex-gratia amount in the sum of Rs. 14,300-00 and GPF amount of Rs. 12,000.00 : totalling to Rs. 1,39,556.00, and other dues mentioned in the Schedule-A. The plaintiff also sought a direction that the State of M.P. and the Superintendent of Police, Sagar may be directed to pay this amount to her

(3.) It may be relevant to mention here that in earlier Civil Suit No. 33 of 1989, judgment dated 22.1.1990, defendants Smt. Vidya Devi and Vidyudeep were declared as successors of deceased Chhidamilal Sukhad and a decree was accordingly passed. The case of the plaintiff is that deceased Chhidamilal Sukhad was a law fully married husband of the plaintiff and she was his wedded wife. It is alleged that defendant Smt. Vidya Devi developed illicit relation with her husband and started living with him. It is alleged that Vidyudeep was born out of this illegal marriage and he is not legitimate son of deceased Chhidamilal Sukhad. It is alleged that Smt. Vidya Devi has obtained the succession certificate by misrepresenting that she was the lawfully married wife of Chhidamilal Sukhad and Vidyudeep is his legitimate son. The plaintiff has alleged that Srnt. Vidya Devi was not lawfully married to deceased Chhidamiia! Sukhad nor Vidyudeep was legitimate son. It is also alleged that she is the lawfully married wife of deceased Chhidarniial Sukhad and even if deceased Chhidamilal Sukhad had contracted this illegal marriage with Smt. Vidya Devi, then also marriage is void ab initio and, therefore, defendants Smt. Vidya Devi and Vidyudeep are not entitled to succeed in the property of the deceased Chhidamilal Sukhad. The suit was contested by the defendants No. 1 and 2 and they denied the. allegations made in the plaint. It was submitted that defendant Smt. Vidya Devi married deceased Chhidamilal in a temple and was living with him since then and Vidyudeep was born out of this wedlock; therefore, he is legitimate son and is entitled to a succession certificate and to all the assets of the deceased Chhidamilal Sukhad.