LALHNEMI Vs. LALRINZUALI

JUDGEMENT

(1.) Heard Mr. C. Lalramzauva, learned Senior counsel for the appellant, assisted by Mr. K. Laldinliana. Also heard Mr. L.H Lianhrima, learned Senior Counsel assisted by Ms. Ruth Lalruatfeli.

(2.) This is a second appeal filed by the appellant under Sec. 100 of the Code of Civil Procedure, 1908 (CPC) read with Sec. 17 of the Mizoram Civil Courts Act, 2005 against the Judgment and Order dt. 16/12/2015 passed by the learned Addl. District and Sessions Judge, Aizawl in RFA No. 28/2014. By the impugned Judgment and Order, the first Appellate Court had set aside the Judgment and Order dtd. 5/8/2014 passed by Civil Judge, Aizawl in Heirship Certificate Case No. 71/2009. Brief facts of the case essential for disposal of the appeal may be noticed at the outset.

(3.) One Shri. Rokamlova @ Rokama, who was working as a Peon in the Office of the Deputy Commissioner, Aizawl District, Aizawl got married to Lalnunziri and out of their marriage, four children were born including a daughter namely Melody Rosangzuali. Due to adultery committed by Lalnunziri, Rokamlova and Lalnunziri were divorced. Rokamlova then married Lalnunziri, i.e., the appellant, by way of Mizo Christian Custom on 15/10/1990 and their marriage subsisted till the death of Rokamlova on 2/6/2009. Out of their marriage, a son name Rosangliana was born to them on 28/11/1992. Shri. Rokamlova, according to the respondent No. 1, married her by giving the bride's price to her father as per the Mizo Christian Custom and a son name Malsawmzuala was born to them on 5/5/2009. Shri. Rokamlova then expired on 2/6/2009.