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2011 Supreme(Bom) 178

ROSHAN DALVI
Nanda Santosh Shirke – Appellant
Versus
Jayashree Santosh Shirke – Respondent


Advocates appeared:
For the Petitioner:Vikram Pai, Advocate.
For the Respondents:Indu Prakash i/by C.K. Tripathi, Advocates.

JUDGMENT :

1. The Petitioner has filed this petition for revoking the order dated 3rd October 2008 passed in Miscellaneous Petition No.31 of 2007, granting legal heirship certificate under Bombay Regulation Act VIII of 1927 to the Respondent and for other ancillary reliefs. The Petitioner claims to be the legally wedded wife of the deceased Santosh Atmaram Shirke, who expired on 21st August 2005. The Petitioner claims that the deceased died leaving behind her and her three children Shraddha, Devyani and Siddhesh Shirke as his only surviving heirs and legal representatives.

2. She claims to have been married to the deceased as per Hindu Vedic rites on 8th March 1992 at Adarsha Vivaha Karyalaya above Khandelwal Sweet Shop, Opposite Station, Thane (West). The Petitioner has produced a certified copy of her marriage certificate which was issued by the Marriage Registrar, Thane. The marriage is shown to have been solemnised on 8th March 1992. The Petitioner had three children from the said marriage. The Petitioner has produced the birth certificates of her three children. The Petitioner would, therefore, be the legally wedded wife of the said deceased Santosh Shirke.

3. The Respondent f












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