VEENA BIRBAL, J

1. Present is an appeal under Section 299 of the Indian Succession Act wherein challenge has been made to impugned judgment dated 29.05.2009 passed by the learned Addl. District Judge, Delhi whereby the petition filed by the appellant for grant of succession certificate in respect of estate left by deceased Dr. Parkash Kumar Nandi has been dismissed.

2. The appellant had filed a petition under Section 372 of the Indian Succession Act wherein she had stated that she was the widow of deceased Dr. Parkash Kumar Nandi who died on 19.06.1998 at New Delhi. The deceased was working as Joint Director with respondent no. 1. According to her, she got married with Dr. Parkash Kumar Nandi i.e. deceased on 28.06.1983 at Calagary, Alberta, Canada. Their marriage was duly registered with the office of Registrar of Marriage, Canada. On 09.02.1987, the deceased who at the relevant time was working with Ministry of Information and Broadcasting, made the nomination of his death-cum-retiral benefits in her favour. The deceased had died intestate at Delhi. After his death, she had moved an application before respondent no. 1 for payment of pensionary benefits to her as the sole heir of deceased along with relevant documents i.e. marriage certificate, nomination and other relevant documents. However, the respondent no. 1 had asked her to obtain appropriate order as provided under the Indian Succession Act and accordingly she had filed a petition for the grant of succession certificate in her favour.

3. The respondent no. 1 had opposed the said petition by filing a written statement contending therein that the appellant had no locus standi to move the application as she never acquired the status of wife of deceased. It was further contended that as per service record, the deceased was survived by his wife, namely, Chandrima Nandi @ Sarbari Nandi and if at all there was any marriage with the appellant, it was nullity in the eyes of law being a marriage with a man having a living spouse. It was further alleged that as per office record, there was nothing to show that she was his wife nor any such declaration was made by the deceased during his life time.

4. In the said petition, an application under Order 1 Rule 10 was filed by Smt. Sarbari Nandi @ Chandrima Nandi. She had also filed objections contending therein that she was the legally wedded wife of deceased and out of her wedlock there are two daughters, namely, Smt. Aditi Mukherjee and Ms. Sudakshana Nandi and after the death of deceased, respondent no. 2/objector and her daughters were entitled to the estate of the deceased. She had alleged that the second marriage during the life time of first wife was void-ab-initio. She had further alleged that her marriage was never dissolved by decree of divorce and as per Government Rules, after the death of an employee, all the benefits are to be given to the Class-I legal heirs and in the absence of same, it has to be paid to Class-II heirs and appellant was not the member of the family of deceased and she was not entitled to any of the properties left by the deceased.

5. The appellant had filed reply to the said objections and denied the allegations made therein. According to the appellant, the deceased was survived by his wife i.e. appellant and Ms. Sudakshana Nandi as his legal heirs and the aforesaid two legal heirs were entitled to the assets of deceased.

6. On the pleadings of the parties, the following issues were framed:-

“1. Whether the petitioner is entitled to the grant of Succession Certificate in respect of debts and securities of the deceased Dr. Prakash Kumar Nandi? OPP

2. Whether the petition is liable to be dismissed in view of the objections taken by the objector Smt. Chandrima @ Sarbari Nandi? OPOs.

3. Relief.”

7. Before the ld. ADJ, Delhi, the appellant no.1/petitioner examined seven witnesses i.e., Sh. B.R. Sarin, PW-1 who was Assistant Director in Song and Drama Division of Ministry of Information & Broadcastin