HARDEV KAUR Vs. JODH SINGH

JUDGEMENT

(1.) THE broad and substantial question for determination in the Letters Patent appeals Nos. 364 and 389 f 1967 from the judgment dated 4th September 1967 of Grover J. relates to the competency to dispose of by will the provident fund of a subscriber belonging to the Defence Services and governed by Defence Services officers' Provident Fund Rules (hereinafter called the Rules ).

(2.) FLT. Lt. Panj Rattan Singh, who died in an air craft accident on 17th of June, 1966, was an officer in the Air Force and had been married to Hardev Kaur, appellant in L. P. A. No. 364 of 1967, at Nabha on 16th November, 1958. The marriage did not seem to prosper and the husband applied under S. 12 of the hindu Marriage Act for a decree declaring the marriage a nullity. The application was made while the husband was posted at Jamnagar in August, 1959. , This petition was not pressed and appears to have been withdrawn. From the contents of this petition (Exhibit R. W. 6/2) the principle allegation of the husband was that his wife was already pregnant when he married her and fraud had been perpetrated on him parties do not appear to have lived together for any length of time and a will Ex. A. 1 was executed by; the husband on 14th May, 1959, by which he bequeathed to his father Jodh Singh Chowdhury or his heirs, executors or administrators absolutely all his movable and immovable property and appointed him an executor of the will.

(3.) AFTER the death of Flt. Lt. Panj Rattan Singh (hereinafter called the officer), his father Jodh Singh Chowdhury applied to this Court for the probate of the will under the provisions of the Indian Succession Act, he having been unsuccessful in obtaining the payment of the Provident fund amounting to Rupees 23,5d29/-, out of the total expected assets of Rs. 36,143. 49 P. , from the controller of Defence accounts, Meerut. The citations were published in the Tribune and the proceedings were fixed for hearing on 3rd November, 1966. The caveator Hardev Kaur, widow of Panj Rattan Singh, contested the grant of the probate. It may; be mentioned at the stage that Jodh Singh and his wife Gurcharan Kaur were appointed nominees by the Officer in respect of his provident fund on 5th of March 1960. As an indication of the officer's intention, reference maybe made to certain documents, the existence of which is not disputed by the parties. On 10th of December, 1959, the officer wrote to the authorities (Exhibit R. W. 5/a) that the dependants mentioned in this letter, including his father, mother, brothers and sisters, may be made paid the pensionary benefits. There is also the officers' record check form of 16th of July, 1960 (Exhibit R. W. 2/1) according to which the parents of the officer were appointed nominees to share the proceeds of the provident fund half and half. In another check form of 27th of July, 1965 (Exhibit R. W. 2/2) the parents again are shown as nominees of the provident fund.