SAROJ RANI Vs. RULIA RAM

JUDGEMENT

(1.) Vide this common order, CR No. 6738 of 2011 and CR No. 7508 of 2013 titled Saroj Rani v. Rulia Ram and others are being disposed of.

(2.) The common facts are being noticed.

(3.) SI Om Parkash was serving in Haryana police. He died on 1/5/1991 in a vehicular accident. First wife (Om Pati) of Om Parkash had pre deceased him as she had died on 31/10/1988. Thereafter, marriage of Om Parkash was solemnized with Saroj on 5/12/1989. Plaintiffs-decree holders, namely, Rulia Ram, Ajay Bir Singh and Amit @ Amit Singh filed a petition under Sec. 372 of the Indian Succession Act, wherein, Saroj was impleaded as respondent No. 4. A specific issue was framed whether Saroj was legally wedded wife of Om Parkash or not? The issue was decided in affirmative, thereby holding that Saroj was legally wedded wife of Om Parkash. Petition was decided on 6/10/1997 and the same had already attained finality. Father and son of Om Parkash also filed claim petition before the Motor Accidents Claims Tribunal on 25/7/1991 in which Saroj was also impleaded as respondent No. 4. The same issue was framed i.e. Whether Saroj was legally wedded wife of Om Parkash or not? Tribunal also held in affirmative on 19/9/1995 and awarded compensation in favour of claimants and Saroj.