Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venkata Jyothirmai Pratapa, J.
Dukkipati Lakshmidevi - Appellant
Versus
Maha Lakshmamma - Respondent
C.M.A. No. 610 of 2010
Decided On : 23-02-2023
Marriage - Indian Succession Act, 1925 - Sec. 372 - Sec. 32(5) of the Indian Evidence Act - [Sec. 372, Indian Succession Act, 1925, Sec. 32(5), Indian Evidence Act]
Fact of the Case:
The case involved a dispute over the marriage and succession rights of the deceased's wife and children. The petitioners claimed to be the legal wife and children of the deceased, seeking succession certificate and death benefits. The respondents contested the claim, asserting the deceased's marriage to the 1st respondent and the legitimacy of their son.
Finding of the Court:
The court analyzed the evidence and found that the 1st petitioner was the legally wedded wife of the deceased, and petitioner Nos. 2 and 3 were his children. The court held that they were entitled to the death benefits and other amounts of the deceased. The court also found that the respondent No.7, being the son of the deceased, was entitled to his share along with the petitioners.
Issues: The main issues were whether the 1st petitioner was the legally wedded wife of the deceased and whether petitioner Nos. 2 and 3 were the children of the deceased. The court also considered the validity of the marriage between the 1st respondent and the deceased.
Ratio Decidendi: The court relied on the evidence presented, including the marriage certificate, gift deed, and testimonies of witnesses, to establish the marriage and paternity. The court also applied Sec. 32(5) of the Indian Evidence Act to consider statements made by the deceased during his lifetime regarding his relationship with the 1st petitioner.
Final Decision: The Civil Miscellaneous Appeal was allowed, and the court ruled in favor of the petitioners, granting them the succession certificate and death benefits. Each party was ordered to bear their own costs.
JUDGMENT
1. This Civil Miscellaneous Appeal is preferred against the impugned order in O.P.No.140 of 2005, dtd. 10/6/2010 on the file of the Principal Senior Civil Judge, Ananthapur.
2. The appellant Nos.1 to 3 herein were the petitioners. The respondent Nos.1 to 7 herein were the respondents before the trial Court.
3. For the sake of convenience the parties herein after will be referred to as arrayed before the Trail Court.
4. The case of the petitioners in brief is that:-
(a) The marriage of the 1st petitioner/Dukkipati Lakshmidevi, took place with the deceased/Late D.Venkataiah on 23/5/1973, as per Hindu rites and customs at Nimbagallu Village of Vidapanakal Mandal of Anantapur District, at parent's house of the 1st petitioner. Out of their wedlock, the 2nd petitioner/Dukkipati Chandrasekhar and 3rd petitioner/Dukkipati Gangadhar were born.
(b) The deceased/Late D.Venkataiah worked as a Line man in A.P.State Electricity Board and died on 4/10/2005 at Chennekothapalli Village. During the life time of the deceased/Late D.Venkataiah, due to disputes the petitioners approached the Legal Services Authority by filing Pre Litigation Case No.1056 of 2003. An award was passed since the matter was compromised. As per the terms of the Award, the deceased/Late D.Venkataiah executed a registered Gift Deed in favour of the 1st petitioner/Dukkipati Lakshmidevi on 16/7/2004. After the death of the deceased/Late D.Venkataiah, the petitioners approached the respondent Nos.2 to 6 seeking the death benefits and also the deposits made in various banks. But, the respondents refused the request stating that the deposits contain the names of others as nominees. (c) At this juncture, the petitioners filed a petition under Sec. 372 of the Indian Succession Act, 1925, for issuance of the Sucession Certificate, in their favour relating to the amounts of the deceased/Late D.Venkataiah.
5. The attack of the 1st respondent/Maha Lakshmamma over the claim of the petitioners in nutshell is that:- (a) The 1st respondent denied the case of the petitioner's interalia contending that the deceased/Late D.Venkataiah was the second issue to his parents. He had a elder sister/Maha Lakshmamma, who brought up the deceased/Late D.Venkataiah at her residence at Noonepalli, Nandyala Town, Kurnool District.
(b) She had two daughters i.e., 1st respondent/Maha Lakshmamma and Rangadevi. While so, her cousin Alladi Rangamma brought up the 1st respondent/Maha Lakshmamma to Ayyaluru Village. She performed the marriage of 1st respondent/Maha Lakshmamma with the deceased/Late D.Venkataiah on 11/3/1980, as per the Hindu rites and customs at her residence in Ayyaluru Village, Nandyal Mandal, Kurnool District. The couple blessed with a male child, namely Dukkipati Venkatramana/respondent No.7 on 16/1/1973. The deceased/Late D.Venkataiah used to visit his wife and son at Ayyaluru. He performed the marriage of his son/Dukkipati Venkatramana. The 1st respondent is the legally wedded wife of the deceased/Late D.Venkataiah and was residing with her husband for three (03) years at Chennekothapalli (C.K.Palli in short) Village and twelve years in another house. (c) The 1st respondent further stated that when she came to Kurnool for taking treatment, the deceased/Late D.Venkataiah found dead in suspicious circumstances in the house. She gave a report to the police, which was registered as a case in Cr.No.89 of 2005, dtd. 5/10/2005 for the offence under Sec. 302 of the Indian Penal Code. She has been paid funeral expenses of Rs.2000.00 by the Electricity Department and she brought the dead body of the deceased/Late D.Venkataiah to Ayyalur Village and buried the dead body of the deceased/Late D.Venkataiah. She also performed all the obsequies to the deceased/Late D.Venkataiah at Ayyalur Village. Accordingly, prayed for dismissal of the petition.
6. Enquiry-Finding:-
(a) In order to substantiate the contentions on behalf of the petitioners, the 1st petitioner/D.Lakshmidevi herself was examined
The main legal point established in the judgment is the importance of documentary evidence, witness testimonies, and the application of relevant sections of the Indian Succession Act and Indian Evide....
The main legal point established in the judgment is the presumption of marriage and recognition of relationships based on long cohabitation, and the burden of proof on the party seeking to deny the v....
Marriage – Proof of - while defining the word 'solemnize' in connection with a marriage under the Hindu Marriage Act, held inter alia, that word 'solemnize' means in connection with a marriage, 'to c....
Pension Benefits of - Legal heirs - Even if a Government servant has contracted a second marriage during subsistence of his first marriage, the children born out of such a second marriage would still....
A Succession Certificate cannot be revoked through a separate original petition; it must be pursued as a miscellaneous application under the Indian Succession Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
