RAMBETI Vs. KUMARI DIKSHA

JUDGEMENT

(1.) This revision under Section 115 of CPC has been filed against the order dated 7/11/2012 passed by the District Judge, Datia in Miscellaneous Civil Appeal No.4/2012 arising out of order dated 20/6/2012 passed by the First Civil Judge, Class-I, Datia in Succession Case No.12/2012, by which the claim of the applicant has been rejected and succession certificate has been issued in favour of respondents no.1 to 5.

(2.) The necessary facts for disposal of the present petition in short are that Late Gopal Kori, father of respondents no.1 to 5, was working on the post of Peon in PHE Department, Datia. He died in harness on 30/5/2010. Late Gopal Kori was having Saving Bank Account No.1076983647 in the State Bank of India as well as was also having GPF account. After his death, respondents no.1 to 5 stake their claim for payment of amount, however, they were directed to obtain the succession certificate. Accordingly, an application for grant of succession certificate was filed.

(3.) The applicant claimed herself to be the legally wedded second wife of Late Gopal Kori and, therefore, she also submitted an objection before the competent Court. It was her case that the name of first wife of Gopal Kori was Smt. Rajkumari, who died on 18/8/2002. Thereafter, the Gopal Kori solemnized second marriage with the applicant. An agreement of marriage was also executed between the parties, which was duly notarized on 29/12/2004. It was mentioned in the affidavit that the first husband of the applicant had died on 22/10/1998 and, therefore, she was not having any living spouse at the time of second marriage. It was also mentioned in the application that Gopal Kori was residing with the applicant at Indra Nagar Colony, Gwalior and accordingly, a death certificate was also issued. The last rites of Gopal Kori were performed by the son of applicant, as Gopal Kori did not have any male issue from her first wife. The name of the applicant was also recorded as the mother of respondents no. 1 and 5, who are the minor daughters of Late Gopal Kori. Since Late Gopal Kori did not have any male issue, therefore, he had love and affection towards the son of the applicant and, accordingly, the name of Gopal Kori was also mentioned as father in his school certificate.