GHASIANI PATNAIK Vs. BHAGBATI NAIK

JUDGEMENT

(1.) This appeal has been filed under Sec. 384 of the Indian -Succession Act 1925 (hereinafter called as "the Act") challenging an Order Dated 09.07.2007 passed by the Learned Civil Judge (Sr. Division), Jaypore in Instate Case No. 03 of 2005. Heard the Learned Counsel for the parties.

(2.) The Respondent as the Petitioner filed an application under Sec. of 372 of the Indian Succession Act for grant of Succession Certificate in her favour in order to receive the entitlements towards the compensation amount, pensionary benefits, death Gratuity, GPF, amounts financial benefit towards unutilized leave, GIS, EPF & other benefits due to be paid by the Government on account of the service of her late husband with the Government. It is her case that she is the legally married wife of deceased Brajabandhu & out of the said wedlock five children were born & from among them four are living i.e., a son & three daughters. Brajabandhu was serving as a Helper in JED Division Similiguda under the Executive Engineer, Jeypore Division. Having served for 35 years, he died on 21.04.2005. After the death, when the Petitioner applied for grant of legal heir Certificate before the Tahasildar, Jeypore, it was refused. She then applied before the Executive Engineer for grant of aforesaid dues. At that time she was asked to produce the Succession Certificate from the competent Court. It is also her case that during lifetime of Brajabandhu for some reason, there was separate living & she had claimed maintenance from Brajabandhu. It is stated that the (Opp. Party) is not the legally married wife of Brajabandhu & as such she has no right.

(3.) The Appellant as the Opp. Party appeared there & contested the proceeding. She challenged the status of the Respondent to be the legally married wife of Brajabandhu & on the other hand she asserted her to be the legally married wife of Brajabandhu & that too have given birth to a son & daughter of Brajabandhu. Thus, she claimed to be entitled to the Succession Certificate while vehemently denying the entitlement of the Respondent to the same.