ZAKIA KHATOON Vs. HAMIDA KHATOON

JUDGEMENT

(1.) THE appellant is aggrieved by the judgment and order dated 30.05.2009 passed in Succession (Certificate) Case No.33/05 / Tr. No.1/09 by the Additional District Judge, XIII, Patna, by which he has granted succession certificate in favour of both the parties.

(2.) THE case of the appellant is that respondent no.1 herein was the divorced wife of the husband of the appellant and she had been divorced more than forty years ago and, therefore, she had no right to succession. On the other hand, the respondent no.1 herein claims to be the legally married wife who, no doubt, was living separately but no effective divorce had been conducted between the two.