- (1.) This appeal is directed against the order dated 23.8.1999 passed by the learned Civil Judge (Senior Division), Faridabad, vide which he dismissed the petition No.245 of 12.12.1994, filed under Section 372 of the Indian Succession Act, 1925, by Devki Devi and others and accepted the petition No. 185 of 4.8.1995 filed by Parvati Devi and others.
(2.) Brief facts of the case are that the appellant Devki Devi along with her daughter Ms. Bhagwati and other five minors children has filed a petition under Section 372 of the Indian Succession Act, stating therein that she is the widow, and appellants no.2 to 7 and respondent no.4 are the sons and daughters of deceased Chandan Singh son of Heera Singh, who was expired on 9.9.1991. It is alleged therein that respondent no.3 Parvati Devi was the first wife of deceased Chandan Singh but the marriage between Parvati Devi and Chandan Singh was dissolved in a panchayat but no decree of divorce was obtained from the court of law. It was further alleged that the deceased Chandan Singh was employed in M/s. Escorts Limited, and he left an amount of Rs.25,456/- in his provident fund. She, thus, prayed for the issuance of succession certificate in her favour in respect of the aforesaid amount.
(3.) Respondent no.3 Parvati Devi while appearing in petition no.245 dated 21.12.1994, filed objections regarding the maintainability of the petition, locus standi of the appellants to file it and denied that the appellant Devki Devi is the legally wedded wife of Late Chandan Singh and the appellants no.2 to 7 are the legitimate children of Late Chandan Singh. She submitted that her marriage with Chandan Singh was never dissolved. She also submitted that succession certificate in respect of the deposits mentioned in the petition filed by Devki Devi and other deposits lying in the name of deceased Chandan Singh may be issued in favour of her and her children.;