MUSSTT REBUN NESSA Vs. MUSSTT BIBI AYESHA

JUDGEMENT

(1.) Challenge in this appeal under Section 384 of the Indian Succession Act, 1925 is made against the judgment and order dated 4.3.2002 passed by the learned District Judge, Hailakandi, in Misc. (Succession) Case No. 97/99 titled as (Mustt. Bibi Ayesha and 3 Ors. v. Mustt. Rebun Nessa and 2 Ors.), whereby and whereunder the learned District Judge, Hailakandi, directed to issue the succession certificate in favour of the first wife (Mustt. Bibi Ayesha) and her three daughters including the opposite party Nos. 2 & 3 depriving the second wife, the Appellant herein, holding that she is the divorcee of the deceased Intaj Ali Laskar, therefore, not entitled to get the share in the debts and securities left by the deceased husband.

(2.) Heard Mr. M.H. Rajbarbhuiyan, learned Counsel appearing for the Appellant. Also heard Mr. A.M. Mazumdar, learned Senior Counsel assisted by Mr. F.K.R. Ahmed, learned Counsel for the Respondents.

(3.) The following facts would emerge from the facts pleaded by the contesting parties The Petitioners, namely Bibi Ayesha, Khairun Nessa, Hayatun Nessa and Nur Khatun have filed a petition for grant of succession certificate in respect of debts and securities of the deceased Intaj Ali Laskar. In the said petition, Appellant herein alongwith her son and daughter have been arrayed as opposite party Nos. 1, 2 & 3 contending, interalia, that the opposite party No. 1 Mustt. Rebun Nessa is the second wife of the deceased Intaj Ali Laskar and opposite party Nos. 2 & 3 are son and daughter of the deceased through the opposite party No. 1 who was divorced by the deceased and as a consequence she has left the house of the deceased and is therefore not entitled to get share of debt and securities left by the deceased Intaj Ali Laskar.