SRIMATYA PARI RANI DAS Vs. SRI RANJIT DAS

JUDGEMENT

(1.) The present revisional application under Article 227 of the Constitution/ Section 115 CPC is directed against order dated 01.12.2008 passed by the learned Additional District Judge, Fast Track, 2nd Court, Contai in Misc. Appeal No. 3/2007 arising out of the order dated 28.05.2007 passed by the learned Judge, District Delegate, Contai in J. Misc. Case No. 34/2006.

(2.) By the said order dated 28.05.2007 the learned District Delegate allowed a petition under Section 372 of the Indian Succession Act, 1952 filed by one Srimatya Pari Rani Das who claimed that she was second wife of one Lakhindar Das and accordingly entitled to 3/8th share in respect of service benefit after the death of her husband. In course of consideration of such claim in J. Misc. Case No. 34/2006 the learned Trial Court has considered the oral evidence of three P.Ws. and three O.P.Ws. and the original death certificate of the deceased Lakhindar Das marked as Exhibit 1. In Exhibit 2 which is a declaration of the deceased in his Contributory Provident Fund Account showing said Srimatya Pari Rani Das as a nominee of the deceased. After appreciation of the evidence of the said witnesses and documents on record the learned Trial Court observed, inter alia, perusing the entire case record I think that the petitioner is the legally married wife of late Lakhindar and she is entitled to get order as per her petition u/s 372 of Indian Succession Act dated 16.10.2006. He has also relied upon the declaration of the deceased in his Contributory Provident Fund Account which has been accepted by his employer State Electricity Board. Therefore, he holds that: it can be safely presumed that their marriage took place after the death of Sandhya Das, first wife of late Lakhindar Das i.e. on 6.3.95.

(3.) Thus the findings of the learned Trial Court regarding claim of the petitioner Srimatya Pari Rani Das as second wife of Late Lakhindar Das is mainly based on subjective satisfaction of the learned Trial Court and on the basis of submission of nomination form on 21.12.1999 of the deceased without any documentary proof of second marriage.