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2001 DIGILAW 992 (PAT)

Ram Sayani Devi And Another v. Ram Kumari Devi

2001-10-19

ASHOK KUMAR VERMA

body2001
Judgment Ashok Kumar Verma, J. 1. The opposite parties appellants have filed this Misc. Appeal against the order dated 16-2-1994 passed in Succession Certificate Case No. 20 of 1990 by the District Judge, East Champaran at Motihari whereby the learned District Judge had allowed the prayer of the applicants- respondents for grant of succession certificate and held that Late Jugal Kishore Thakur had died while on duty and as such his two widows are entitled to get pension as half and half and that applicant Ram Kumari Devi as nominee in respect of his Group Saving Scheme is entitled to the amount of the Group Saving Scheme. The learned District Judge has also held that all his legal heirs i.e. the applicants and opposite parties are entitled to get General Insurance, Gratuity, G.P.F. and pay of late Jugal Kishore Thakur amounting to Rs. 99,000 according to their legal share. 2. The applicants of Succession Certificate Case No. 20 of 1990 who are respondents in this appeal had filed the Succession case for issue of certificate to them authorising them to realise the amount mentioned in the petition to the extent of their share out of the money deposited towards Group Insurance,. Life Insurance, gratuity, G.P.F. and any other amount to which Late Judgal Kishore Thakur was entitled. According to the petitioners the deceased Jugal Kishore Thakur had died on 17th July 1990 leaving behind two widows who were petitioner No. 1 and opposite party No. 1 and three sons who were petitioners 2 to 4 and four daughters who were petitioners 5 to 7 and opposite party No. 2. Opposite party No. 2 Kiran Devi is daughter of Jugal Kishore Thakur from his wife Ram Sayani Devi who was opposite party No. 1 Petitioners 2 to 7 are sons and daughters of Jugal Kishore Thakur from his wife Ram Kumari Devi who was petitioner No. 1. After the death of Jugal Kishore Thakur the petitioners and the opposite parties succeeded to the properties of Late Jugal Kishore Thakur under Hindu Succession Act, 1956. According to the petitioners they are entitled to 69/80 share and opposite parties are entitled to 11/80 share in the properties of Late Jugal Kishore Thakur. Late Jugal Kishore Thakur was an Accountant in the Electricity Department who was posted at Motihari and died while on duty. 3. According to the petitioners they are entitled to 69/80 share and opposite parties are entitled to 11/80 share in the properties of Late Jugal Kishore Thakur. Late Jugal Kishore Thakur was an Accountant in the Electricity Department who was posted at Motihari and died while on duty. 3. An objection petition had been filed on behalf of opposite party No. 1 Ram Savani Devi widow of Late Jugal Kishore Thakur and opposite party No. 2 Kiran Devi daughter of Late Jugal Kishore Thakur and according to them the petitioners are not entitled for the succession certificate and they are not legal successors of the Estate of Late Jugal Kishore Thakur. Opposite party No. 1 Ram Sayani Devi is the first wife of Late Jugal Kishore Thakur and she was married to him in the month of Baisakh 1956. Late Jugal Kishore Thakur had married second wife who is petitioner No. 1 Ram Kumari Devi in the month of Jyestha of the year 1964. The second marriage of Late Jugal Kishore Thakur with the petitioner No. 1 Ram Kumari Devi is null and void. The petitioner No. 1 and other petitioners are not legal successors of the Estate of late Jugal Kishore Thakur. The petitioners are not entitled to any share. According to the opposite parties the petitioners are not entitled for succession certificate or any relief. 4. The petitioners in support of their case had examined one witness in the Court below who is A. W. 1 Ram Kumari Devi petitioner No. 1 She has stated that the petitioners 2 to 4 are her minor sons and petitioners 5 to 7 are her daughters. According to her, her husband Jugal Kishore Thakur had died on 17th July, 1990 and she came in possession of his properties after his death. Opposite party No. 1 Ram Sayani Devi is her Sautan and Kiran Devi opposite party No. 2 is daughter of opposite party No. 1. All the petitioners and the opposite parties are the legal heirs of Late Jugal Kishore She has further stated that her husband was an Accountant in the Electricity Department and he died during his service period. Further according to her the petitioners have 14 annas share in the properties of her Late husband and the nailing 2 annas share is of opposite parties. She has claimed half of the pension amount of her husband. Further according to her the petitioners have 14 annas share in the properties of her Late husband and the nailing 2 annas share is of opposite parties. She has claimed half of the pension amount of her husband. She has said that she is nominee in the Group Saving Scheme and so she has claimed full amount of it. 5. It was argued by the learned lawyer for the appellants that the second marriage of Late Jugal Kishore Thakur is void and second wife is not entitled to pension and other benefits. It was contended by the learned lawyer for the appellants that opposite party No. 1 Ram Sayani Devi is the first wife of Late Jugal Kishore Thakur and she was married in the year 1956 and Ram Kumari Devi who is petitioner No. 1 is second wife of Late Jugal Kishore Thakur and she was married in the year 1964. It was submitted by the learned Counsel appearing for the appellants that second wife of void marriage is not entitled to family pension and gratuity and in support of his contention he placed reliance on a decision of the Supreme Court in the case of Rameshwari Devi V/s. State of Bihar and Ors. 2000 (2) PLJR S.C. 15. It has also been held by the Apex Court that the children of void marriage are also legitimate and, therefore, such children are also entitled to share in family pension and gratuity till they attain majoriy. 6. Petitioner No. 1 Ram Kumari Devi widow of Late Jugal Kishore Thakur who has been examined in the succession certificate case as A.W. 1 has admitted in her evidence that Late Jugal Kishore Thakur had two wives. A.W. 1 Ram Kumari Devi has not stated the dates of two marriages of Late Jugal Kishore Thakur. Opposite parties 1 and 2 have stated in their objection petition that opposite party No. 1 Ram Sayani Devi is the first wife of Late Jugal Kishore Thakur and he married her in the year 1956. It has also been stated in the objection petition that he (Late Jugal Kishore Thakur) had married second wife i.e. petitioner No. 1 Ram Kumari Devi in the year 1964. It has also been stated in the objection petition that he (Late Jugal Kishore Thakur) had married second wife i.e. petitioner No. 1 Ram Kumari Devi in the year 1964. The petitioner No. 1 Ram Kumari Devi who was examined in the succession certificate case as A.W. 1 has not stated the date of her marriage with Jugal Kishore Thakur in her evidence. She has not denied in her evidence that she was married in the year 1964. She has also not denied in her evidence that Ram Sayani Devi was married to Late Jugal Kishore Thakur in the year 1956. Petitioner Ram Kumari Devi who is respondent in this Misc. Appeal has not stated the date of any of the marriages of Late Jugal Kishore Thakur. Admittedly petitioner No. 1 Ram Kumari Devi is the second wife of Late Jugal Kishore Thakur and he has married her in the year 1964. 7. According to Rule 23 of the Bihar Government Servants Conduct Rules 1976: Restrictions regarding marriages: (1) No Government servant shall enter into, or contract, a marriage with a person having a spouse living; and (2) No Government servant, having a spouse living shall enter into, or contract, a marriage with any person: Provided that Government may permit a Government servant to enter into, or contract, any such marriage as is referred to in Clause (1) or Clause (2) if it is satisfied that-- (a) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and (b) there are other grounds of so doing. 8. So there is clear restrictions regarding marriages. In the present case petitioner No. 1 Ram Kumari Devi is the second wife of Late Jugal Kishore Thakur whom he had married in the year 1964. It is admitted fact that Late Jugal Kishore Thakur had contracted a second marriage when his first wife was alive. 9. In the facts and circumstances of the case, Ram Sayani Devi the first wife of deceased Jugal Kishore Thakur and minor children of Late Jugal Kishore Thakur from his first wife and second wife are entitled to share in family pension, gratuity, G.P.F., General Insurance and pay of Late Jugal Kishore Thakur and minor children will get the benefits till they attain majority. 10. Accordingly, this Misc. 10. Accordingly, this Misc. Appeal is allowed and the impugned order dated 16-2-1994 passed by the learned District Judge is set aside. The District Judge is directed to grant Succession Certificate accordingly on application made therefor in supersession of the certificate, if any, already granted. There would be no order as to costs.