JUDGMENT :

1. Heard Smt S.A.V.Ratnam, learned counsel for the appellants and Sri M. Bala Subramanyam, learned counsel for the respondents.

2. The present Appeal is filed under Section 384 of Indian Succession Act r/w Section 19 of the Family Courts Act assailing the Order dated 31.10.2005 in S.O.P.No. 1440 of 2000 on the file of the learned Judge, Family Court, Visakhapatnam.

3. The facts of the case are like this:- The respondent nos.1 and 2 herein filed a petition under Section 372 r/w 33 of the Indian Succession Act for issuance of the succession certificate to declare them as legal heirs of the deceased late Goginapudi Venkata Ramana (hereinafter referred to as “the deceased”) as class-I legal heirs of the deceased to realize the terminal benefits of late Goginapudi Venkata Ramana, who worked as peon-cum-messenger vide code no. 15559 in Andhra Bank, Chodavaram Branch.

4. The case of the 1st respondent herein is that she got married to the deceased as per the Hindu rites and customs and they lived happily for about three (3) years. Later, the deceased got employed as Messenger in Andhra Bank, Yellamanachili Branch and he got addicted to bad vices. As such the 1st respondent has left to her parents’ house. The deceased used to come occasionally to her parents house. Though the dispute was brought before the elders in the panchayat, it yield no result. Later, she filed M.C.No.16 of 1992 before the learned Judicial First Class Magistrate, Narsipatnam for maintenance and also she filed another petition for enhancement of the maintenance. Both the petitions were allowed.

5. As per the averments in the petition filed for succession certificate, the 1st respondent herein got married to the deceased at Pappusettipalem Village of Golugonda Mandal, Visakhapatnam District and he died intestate on 18.01.2000. Immediately after the death of the deceased, the 1st respondent sent notice dated 27.10.2000 to the respondent nos.6 and 7, who were the Zonal Officer, Andhra Bank and Branch Manager, Andhra Bank, Chodavaram respectively for the retirement benefits. She also issued another notice dated 16.03.2000 seeking compassionate appointment on compassionate grounds. An application was made to the Revenue Inspector for issuance of legal heir certificate for the purpose of claiming terminal benefits of the deceased, the Revenue Inspector has returned the application with an endorsement dated 18.05.2000 stating that the appellants herein are the legal heirs of the deceased, hence, the Revenue Inspector directed them to obtain the Succession Certificate from the competent Court which gave rise to file the present petition for issuance of Succession Certificate.

6. After service of the notice, the appellants herein, who were the respondent no.1 to 4 (hereinafter called as “the appellants”) in Succession O.P. filed their counter affidavits and contested the matter stating that the 1st respondent herein got married to the deceased in the year, 1989 and they got three children in their wedlock. The deceased has given customary divorce to the 1st respondent and the same is mentioned in the registered Will Deed document bearing no. 1692 of 1998 dated 19.09.1998 and the appellants herein were given some properties though the appellants prayed to dismiss the O.P. filed for Succession Certificate.

7. The 3rd respondent herein is the mother of the deceased.

8. The official respondents who were arrayed as respondent nos.4 and 5 herein have filed their counter affidavit asserting that the 1st appellant, Goginapudi Varalaxmi was nominated to receive all his retirement benefits and also they have issued a demand draft in favour of the 1st appellant herein towards gratuity and leave salary. Further, an amount of Rs.20,000/- was kept in Kalpataruvu term deposit in the name of Sri G.S.G.V. Prasad in KD No.49/962 and an amount of Rs.30,000/- was kept in deposit in the name of G. Ratnaprabha in KD No.50/93 and all the three deposits were matured by 21.10.2008 and