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2024 Supreme(Mad) 629

R. SUBRAMANIAN, R. SAKTHIVEL
B. Ponnuswamy – Appellant
Versus
S. Saranya – Respondent


Advocates:
Advocate Appeared:
For the Appellants :R. Balasubramanian, Advocate

JUDGMENT :

R. Subramanian, J.

(Prayer: Original Side Appeal filed under Order 36 Rule 9 of the Original Side Rules read with Clause 15 of Letters Patent, to allow the above OSA by dismissing the order passed in SOP.No.598 of 2019 dated 27.04.2023 and to issue Succession Certificate to the appellants alone.)

1. The challenge in this appeal is to the order of the learned Single Judge granting Succession Certificate in favour of the wife and the mother of deceased Ponnudurai.

2. The parents of the deceased had resisted the application of the wife for grant of Succession Certificate on the ground that there was no marriage as well as on the ground that the applicant had re-married, after the death of their son, in the year 2019.

3. The 1st respondent/wife of the deceased Ponnudurai sought for issuance of Succession Certificate on the ground that she had married the deceased on 20.01.2016 at Siva Vishnu temple and the said marriage was registered under the Hindu Marriage Act on 10.03.2016.

4. The claim of the 1st respondent was resisted by the parents of the deceased Ponnudurai on two contentions. One was that there was no marriage and the other was that she had re-married.

5. As far as the fa

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