VIDYA UDAYKUMAR TORANAGATTI Vs. SHOBHA

JUDGEMENT

(1.) HEARD the Counsel for the parties.

(2.) THE facts are as follows: THE appellant no.l- claimant is the widow of one Uday Kumar, to whom she is said to have been married in the year 1996. Late Uday Kumar was working as a Constable under the Armed Reserve Police, Belgaum. Appellants-2 and 3 are children born to the first appellant through late Uday Kumar. He is said to have died in the year 2001, at Belgaum, THE appellant is said to have applied for a survivorship certificate from the employer. In view of the objections having been raised by respondent no.1,. who also claims as the widow of Uday Kumar, the appellant was constrained to file an application under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as the 'Act' for brevity). This was contested by the respondents herein. THE Court below after examining the rival contentions, has expressed its opinion on the relationship between the first appellant and the Late Uday Kumar as being adulterous and that respondent no.l was the legally wedded wife of Uday Kumar and that the first appellant having married Uday Kumar during the lifetime of first respondent, who was not divorced by Uday Kumar, her marriage was invalid and therefore, she was disentitled to be granted the Succession Certificate. While the lower Court has further opined that appellants-2 and 3, though are found to be illegitimate children of late Uday Kumar, are entitled to the succession certificate, jointly with the respondents, who are the legally wedded wife and son of late Uday Kumar. It is this, which is sought to be challenged, in the present appeal.

(3.) IN addressing this appeal, the scope of Section 373 of the Act (hereinafter referred to as the Act) needs to be kept in view. Section 373 merely lays, down that the Court is required to satisfy that there is ground for entertaining the application viz., that it is by a parson, who desires to make a claim. It is not necessary for the Court to enter upon other questions. This entitlement of the benefits or other issues, which would be questions of such a character, which cannot be litigated upon on an application for a succession certificate. A Full Bench decision of the Calcutta High court in the case of Brojendra Sundar Vs. Niladrimath (AIR 1929 Cal 661) is explicit in its exposition on the same, which is as follows: