LALRAMNGHILHLOVA Vs. LALNUNTLUANGI

JUDGEMENT

(1.) Heard Mr. C. Lalramzuava, learned senior counsel appearing for the appellants. Also heard Mr. H. Lalrinthanga, learned counsel appearing for the respondent Nos. 1 to 4.

(2.) The case relates to whether the second wife and her children or whether the first wife and her children should be declared as the legal heirs for getting the service benefits, immovable properties and movable properties left behind by the deceased head of the family, i.e. Sh. Lalzawnga (L).

(3.) The brief of the case as narrated by the appellants is to the effect that the Appellant No. 3 and the deceased H. Lalzawnga married as per "Lalpa Kohhran Thar Dan" on 29.04.2008 which is the Custom adopted by those embracing the Doctrine of Chana who are mainly living at Baktawng, Tlangnuam, and they lived together as husband and wife till the death of H. Lalzawnga on 27.01.2012 while the Appellant Nos. 1 & 2 are their minor children. Though no Marriage Certificate was issued to them, the said marriage was witnessed by members of the said Chana pawl (Lalpa Kohhran Thar) and the Chairman, Lalpa Kohhran Thar Committee, Tlangnuam and the President, Village Council/Court, Baktawng, Tlangnuam. Before the deceased got married with the Appellant No. 3, he had married his first wife namely Rothangpuii with whom he had 4 issues, all of whom have attained the age of majority and are all married. The said marriage between the deceased and Rothangpuii had ended in divorce in the year 2000, and the said Rothangpuii had re-married another man. The deceased during his lifetime had acquired a number of moveable household properties as well as a landed property at Sairang wherein he had constructed a house building which is now occupied by his daughter namely Smt. Lalzikpuii (Respondent No. 2) and her family. Immediately after the death of H. Lalzawnga, while the appellants were at Baktawng, the Defendants No. 1 and 2 had taken out all the properties of the deceased from his rented house at Lawngtlai without the knowledge and permission of the Appellant No. 3 and the same have been illegally retained by them till date. The deceased, before his death, was working as Constable of MRP under Govt. of Mizoram and he was posted at different places, and unfortunately, no entry was made in the Service Book of the deceased to show that the Appellant No. 3 was his wife and the Appellant Nos. 1 & 2 are his sons. The failure of the deceased husband of the Appellant No. 3 to show her as his wife and the Appellant No. 1 & 2 as his sons in the family declaration in his Service Book was wrong and improper and that it was due to inadvertence on the part of the deceased. The Appellant Nos. 1 & 2 are the sons of the deceased and the Appellant No. 3 is his widow, and that they are legally entitled to be declared as the legal heirs of the deceased in respect of the properties and the service benefits of the deceased. Accordingly, the Service records of late H. Lalzawnga has to be corrected.