KONSAM RAJEN SINGH Vs. KONSAM NINGOL MEITRAM ONGBI MEMA
LAWS(MANIP)-2019-5-14
HIGH COURT OF MANIPUR
Decided on May 02,2019

Konsam Rajen Singh Appellant
VERSUS
Konsam Ningol Meitram Ongbi Mema Respondents

JUDGEMENT

M.V.MURALIDARAN,J. - (1.) The present appeal has been filed by the appellant against the decree and judgment dated 05.10.2016 passed in Mat (Dec) Suit No.16 of 2014 on the file of the Family Court, Bishnupur, wherein and whereby, the suit filed by the appellant for declaration has been dismissed.
(2.) Brief facts are as follows: 2.1. The appellant is the son of one Konsam Member @ Membhor Singh who died while in service as Jeep driver in the office of the Electrical and Mechanical Division, Irrigation and Flood Control Department, Government of Manipur on 08.02.2014. The wife of Konsam Member @ Membhor Singh predeceased. All the religious ceremonies relating to the death of Konsam Member @ Membhor Singh and his wife were performed by the appellant being their only son. 2.2. After the death of Konsam Member @ Membhor Singh, on 29.03.2014, the appellant submitted an application to the Chief Engineer, Irrigation and Floor Department for disbursement of retirement benefits. The first respondent had also filed an application before the same authority claiming herself to be the sole daughter of late Konsam Member @ Membhor Singh. According to the appellant, the first respondent was fostered by his late father at his home, as she came with her mother viz., Maimu Devi and his father agreed to foster on the request of first respondent's mother. 2.3. Though the appellant made clarification with regard to his application before the second respondent, the second respondent directed the appellant to submit the name of nominees supported by a genuine order from the Court having jurisdiction. Hence, the appellant has filed the instant suit under Section 34 of the Specific Relief Act for declaration to declare that he is the natural son of late Konsam Member @ Membhor Singh.
(3.) Resisting the suit, the first respondent filed written statement stating that she is the only child and natural daughter of late Konsam Member @ Membhor Singh and late Konsam (O) Maimu Devi. It is stated that the appellant is the son of late Ibopishak Singh, who is the elder brother of late Konsam Member @ Membhor Singh. According to the first respondent, Konsam (O) Chaobi Devi was divorced due to not having Issues, however, she got monthly maintenance during her life time from late Konsam Member @ Membhor Singh. Later on, late Konsam Member @ Membhor Singh married Maimu Devi and the first respondent was born to them. The religious ceremonies of late Konsam Member @ Membhor Singh was performed by the first respondent In the capacity as daughter. According to the first respondent, the appellant Is not entitled to monetary benefits of late Konsam Member @ Membhor Singh, as he Is the son of late Ibopishak Singh and Konsam (O) Khomdonbi Devi and, therefore, prayed for dismissal of the suit.;


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