RINA BORA KALITA Vs. MONJU KALITA

JUDGEMENT

(1.) HEARD Mr. S. Medhi, learned counsel appearing for the appellant who was the opposite party in the petition filed under section 372 of the Indian Succession Act for issuance of Succession certificate in respect of estate of Late Dharmeswar Kalita. By this appeal under Section 384 of the Indian Succession Act, the appellant-opposite party is assailing the judgment and order dated 11. 10. 2004 passed by the learned Additional District Judge, Nagaon, Assam in misc. (s) Case No. 68/02 for issuing Succession Certificate for the estate of late Dharmeswar Kalita to the extent of one half of the share in favour of the respondent No. 2 and another half in favour of the appellant.

(2.) THE short fact leading to the filing of the said application under section 372 of the Indian Succession Act by the respondents are required to be noted for deciding the present appeal.

(3.) THE respondents filed the application for Succession Certificate under Section 372 of the Indian Succession Act 1925 which was registered as Misc. (S) Case No. 68/02 on the pleaded fact that the respondent No. 1 Smti. Manju Kalita married Dharmeswar Kalita on 25. 1. 1979 according to the Hindu rites in Kamakhya temple, guwahati. It is also pleaded in the said application that the present appellant Smti. Rina Bora Kalita who is admittedly the first wife of late dharmeswar Kalita married with him on 17. 2. 1973. As the present appellant Smti. Rina Bora Kalita had no issue, she gave the consent to the marriage of the present respondent No. 1, Smti. Manju Kalita with dharmeswar Kalita. It is also alleged that Smti. Manju Kalita continued to reside with Dharmeswar Kalita after their marriage on 25. 1. 1979. Of their wedlock, respondent No. 2 Bikash Kalita was born to respondent No. 1 Manju Kalita by the late Dharmeswar Kalita.