JUDGMENT :

Goutam Bhaduri, J.

1. The instant appeal is filed by defendant Nirmala along with others claiming herself to be the wife of Raj Kumar along-with two children born out of the first marriage performed with late Raj Kumar. The judgment and decree was passed by the learned Family Court Manendragarh in Civil Suit No.36-A/2016 on 06th July 2017. The suit having been decreed in favour of plaintiffs, the present appeal is preferred.

2. Brief facts of the case are –

2 (a) that Plaintiff No.1 Mamta, (respondent no.1 herein) along with her 3 children namely Ku. Sweta, Ku. Shephali, son Sameer and mother-in-law Ganga Bai filed a suit for declaration and injunction before the family Court. It was pleaded that plaintiff no.1 Mamta Devi was married to Rajkumar and out of that marriage, 3 children were born. Plaintiff No.5 Ganga Bai is mother of late Rajkumar. It was stated that Rajkumar was working as Fitter in SECL in South Eastern Coal Fields. He died in harness on 16.07.2009. It was further pleaded that Smt. Nirmala was first wife of late Rajkumar and they blessed with two children namely Vicky @ Vijay and geeta who were arrayed as respondents 2 and 3 respectively. It was stated that Rajkumar was married to defendant no.1 Smt. Nirmala 25 years back before filing of the suit in the year 2014. The plaintiffs stated that Nirmala deserted Rajkumar and married to Dharamlal Satnami by bangle custom (Chudi Pratha) which is a conventional practice being followed in Satnami Community and stayed in his company for four years. Subsequently, she left Dharamlal and again performed Chudi marriage with one Kheekha Ram Sonwani and till the suit was filed, she was known as wife of Kheekha Ram. Further in respect of the custom, it was pleaded that both late Rajkumar and plaintiff no.1 belonged to Satnami caste and the practice of marriage by Chhudi custom is prevailing in their community since the time immemorial. It is further pleaded that according to such custom, if the married lady leaves her husband and makes another person as her husband by performing the marriage under Chudi custom and starts living with him, the relation of earlier marriage would automatically comes to an end. It is further submitted that such custom is prevailing in the Satnami community, therefore, as per the caste custom the marital relation of husband and wife between Rajkumar and Nirmala came to be dissolved 25 years back.

2(b) The plaintiff further pleaded that after Rajkumar was deserted and divorced by custom by first wife, Nirmala, the marriage of Mamta and Rajkumar was solemnised in the year 1991 according to Hindu rituals and from that marriage, 3 children were born who were plaintiffs 2 to 4 thereby they were dependents on Rajkumar. It is further stated that during the life time of Rajkumar, the names of Mamta and her children got recorded by Rajkumar in all service records being dependents and necessary documents are maintained by the employer SECL wherein name of Mamta being wife was recorded as nominee. It is further stated that the children born out of first marriage namely defendant no.2 Vicky and defendant no.3 Geeta were deserted even by Rajkumar during their childhood and they were looked after by mother of Rajkumar namely Ganga Bai who was plaintiff No.5 and the applications were filed by Ganga Bai for their maintenance wherein the Court had granted the maintenance.

2(c) Plaintiff Mamta further contended that after death of Rajkumar on 16.07.2009, the first wife Nirmala having come to know the fact of death of her first husband, filed an application for grant of succession certificate and also claimed all the retiral dues. It is because of such reason and having felt that the rights of the plaintiffs are being eclipsed, a suit was filed by Mamta along with others praying for grant of a decree to the effect that plaintiff no.1 being wife, respondents 2, 3 & 4 being the children born from such wedlock and plaintiff no.5 being the mother are dependents of lat