TRIBENI MOHAPATRA Vs. SUB COLLECTOR

JUDGEMENT

(1.) Mr. Das, learned advocate appears on behalf of petitioner and submits, his client has not been granted legal heir certificate in spite of her being widow of the deceased. He draws attention to order dtd. 31/10/2015, made in the criminal proceeding initiated by his client under sec. 125 in Code of Criminal Procedure, praying for interim maintenance. The family Court found, admittedly his client is married wife of the since deceased.

(2.) Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits with reference to impugned order dtd. 24/9/2016, the Revenue Officer gave reasons relying on report of the Revenue Inspector saying, inter alia, petitioner had absconded and got married to another person. He relies on clause-(b) in note under rule 3 of Odisha Miscellaneous Certificates Rules, 2017, published in Odisha Gazette Extra Ordinary on 17/4/2017 providing, inter alia, in disputed cases applicants may be advised to approach civil Court.

(3.) Mr. Sangeneria, learned advocate present in Court is appointed Amicus Curiae. He submits, the Supreme Court in Yallawwa v. Shantavva, reported in AIR 1997 SC 35 had said that ex-parte divorce decree obtained against the wife and thereafter the husband having died, would not prevent the aggrieved wife for filing application to set it aside.