SIMA V MIRPURI (SEEMA DAS) Vs. DEEPAK V MIRPURI

JUDGEMENT

(1.) The brief fact of the case in a nutshell is that:

(2.) Heard Mr. A.S. Siddiqui, learned counsel for the petitioner who submits that, when the matter is pending before the Probate Court pertaining to grant of Probate against the Will left by the petitioner's husband, the Criminal Court has no jurisdiction to decide even if there is forgery or otherwise, it is the Probate Court alone to decide whether the Will is genuine or not and he also further contended that, whether the wife is genuine or the marriage certificate is genuine; that to be decided by the competent Civil Court not by the Criminal Court.

(3.) On the other hand, Mr. K. Paul, learned counsel appearing on behalf of the respondent submits that, he has filed a petition before the learned CJM, Shillong pertaining to challenging the genuinely of marriage certificate issued by the authority of Mahadev Khola Dham, Shillong and hence, his petition before the learned CJM, Shillong is no way connected with the Probate case bearing FTC Test (Probate) Case No. 10 (H) of 2012.