NASIB KAUR AND ORS. Vs. SURJIT KAUR

JUDGEMENT

(1.) SMT . Nasib Kaur alias Raj Kaur and her son Gurmel Singh have filed the instant Regular Second Appeal against the judgment and decree dated 19.12.1986 passed by the first appellate court, whereby after setting aside the judgment and decree dated 13.11.1984 passed by the trial court, the suit filed by plaintiff -Surjit Kaur was decreed and she was held entitled to the entire share of the service benefits of deceased Harbhajan Singh.

(2.) THE brief facts of the case are that Harbhajan Singh (deceased) was working as Constable in Punjab Police. He died in a road accident on 05.11.1982. It is the case of plaintiff - Surjit Kaur that she was married to Tara Singh, brother of aforesaid Harbhajan Singh, and after his death, she performed 'Karewa' marriage with Harbhajan Singh. One child, namely Balaur Singh, was born from the Karewa marriage of Surjit Kaur and Harbhajan Singh. It is also undisputed fact that later on, Harbhajan Singh performed marriage with Nasib Kaur and one child, namely Gurmel Singh, was born from the subsequent marriage of Harbhajan Singh with Nasib Kaur.

(3.) SURJIT Kaur filed the present suit for declaration to the effect that after the death of her previous husband Tara Singh (brother of Harbhajan Singh), she had performed 'Karewa' marriage with Harbhajan Singh according to the customs prevalent in Punjab and the said marriage is a valid marriage under the provisions of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'). It was further the case of the plaintiff that the subsequent marriage of Harbhajan Singh with Nasib Kaur during the subsistence of his karewa marriage with her (plaintiff -Surjit Kaur) was a void marriage under Section 11 of the Act and the child born from the said wedlock is illegitimate. As such, Nasib Kaur and her child Gurmel Singh have no legal right to the estate of deceased Harbhajan Singh, and the plaintiff is entitled to receive the service benefits of Harbhajan Singh, after his death.