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1986 Supreme(Ker) 174

BALAKRISHNAN
CHELLAMMA – Appellant
Versus
HAMZA – Respondent


Judgment :-

1. The revision-petitioner Chellamma is alleged to be the wife of now deceased Parakal Ummar, who died on 9-8-1976 Ummar was employed in the Public Works Department. On 7-1-1973 they executed a marriage udampadi and they were living as husband and wife till the death of Ummar. They had no children. The respondents herein are the near relatives of deceased Ummar.

2. After the death of Ummar an application was filed by the petitioner for obtaining a succession certificate in respect of the assets left by deceased Ummar. The respondents contested the matter and according to them there was no valid marriage between the petitioner and deceased Ummar. They admitted the execution of marriage udampadi, but denied the existence of a valid marriage. The trial court found that there was only an irregular marriage, since under the Mahomedan Law a marriage between a Mahomedan and a Hindu woman was not permissible. The trial court held that the petitioner was entitled to 1/3 of the amount under the Provident Fund and gratuity as her name was nominated by the subscriber. The trial court construed the nomination as a gift. The appellate court concurred with the finding that the petition













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