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2017 Supreme(Bom) 1852

S.C.GUPTE
Kusum Chandrakant Shankardas – Appellant
Versus
Rajeshri Chandrakant Shankardas – Respondent


Advocates Appeared:
For the Petitioners: Mr. Aseem Naphade, Mr. A.P. Singh
For the Respondents: Ms. Rohini Dandekar

JUDGMENT :

This Misc. Petition seeks revocation of a Legal Heirship Certificate granted under Section 2 of the Bombay Regulation VIII of 1827, in favour of the respondents herein.

2. Petitioner no.1 claims to be the widow of the deceased Chandrakant Shantaram Shankardas, while petitioner nos.2 and 3 claim to be the daughters of the deceased through petitioner no.1. The respondents were applicants for heirship certificate in Misc. Petition No.160 of 2015. Respondent no.1 claims to be the wife of the deceased and respondent nos.2 to 4 claim to be his daughters through respondent no.1. The deceased was a retired army officer who died intestate on 14th August, 2013.

3. The facts of the present case may be briefly noted as follows:

In or about 1969, the marriage of respondent no.1 and the deceased was solemnized at Malvan. It is the case of the petitioners that in the year 1982, respondent no.1 deserted the deceased, ever since when the deceased and respondent no.1 were living separately. It is claimed that eventually, in or about 1983, there was a customary divorce between the deceased and respondent no.1. It is the case of the petitioners that on 25th May, 1984, the deceased married petit














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