The central legal point established in the judgment is the application of the Hindu Marriage Act to determine the legal status of the claimants as widows and their entitlement to inherit the estate of the deceased. The judgment emphasizes the requirement of establishing a valid marriage and the absence of a decree of divorce to confer the status of a legally wedded wife and widow.

1. The appellant challenges the judgment and decree dated 21-4-1981, passed by the Additional District Judge, amritsar, reversing the judgment and decree dated 12-9-1978, passed by the Sub-Judge, 3rd Class, Amritsar.

2. Amarjit Kaur, plaintiff-respondent no.1, filed a suit for possession of 17 kanals 6 marlas of land, situated in village naranjanpur Fattuwal, Tehsil and Distt. Amritsar, on the pleading that she was married to one Mohinder Singh, who was serving in the indian Army. On account of personal differences, they began living separately. Her husband passed away on 31-7-1974 leaving her as his only heir. Daljit Kaur defendant/appellant No.1 and Sukhbir kaur defendant/appellant No.2 falsely allege that they are the widow and daughter respectively of Mohinder Singh. The suit was contested by the appellant No.1 and respondent No.2 (now transposed as appellant no.2), who filed a written response inter alia asserting that Daljit Kaur is the wife of the deceased, whereas the plaintiff/respondent no.1 -Amarjit Kaur is the wife of one Gurdial singh s/o Atma Singh of Batala, from whom she has begotten three children. In addition to the aforementioned plea, it was contended that in case the marriage between Amarjit kaur and Mohinder Singh is proved, mohinder Singh had divorced Amarjit Kaur before marrying appellant No.1. On the basis of the pleadings, the learned trial Court framed the following issues :-

"1]. Whether the plaintiff has locus standi to file the present suit? OPP.

2]. Whether the suit of the plaintiffs bad for non-joinder and mis-joinder of the parties OPD.

3]. Whether the plaintiff is estopped by his act and conduct to file the present suit? opd.

4]. Whether the plaintiff is widow of mohinder Singh deceased? OPP.

5]. Whether Daljit Kaur defendant No.1 is the widow of Mohinder Singh deceased and defendant No.2 is the daughter of mohinder Singh deceased OPD.

6]. If issue No.4 is proved whether she was validly divorced by Mohinder Singh deceased OPD.

7]. Relief.

3. Upon an appraisal of the pleadings, the evidence and the arguments addressed, the learned trial Court dismissed the suit by rejecting the testimony of Amarjit Kaur and her witnesses with respect to her marriage to Mohinder Singh. The trial Court took note of Amarjit Kaurs statement that though, she is the wife of Mohinder Singh, she is living with Gurdial Singh from whom she has three children and, therefore, negatived her claim as the widow of Mohinder singh. The learned trial Court also placed reliance upon the document Ex. PW-4/1, which refers to Gurdial Singh as father of amarjit Kaurs children, Ex. D-4 that refers to her as the wife of Gurdial Singh, Ex. PW-5/1 an application for a tubectomy operation, wherein she is described as the wife of gurdial Singh and a photograph Ex. PW-7/1, which shows Amarjit Kaur with Gurdial singh and their two children. The claim put forth by Daljit Kaur the appellant No.1, that she is the widow of Mohinder Singh, was upheld on the basis of the record produced by the military authorities that reflects declaration made by Mohinder Singh about his marriage to Daljit Kaur.

4. Aggrieved by the aforementioned judgment and decree, respondent No.1 filed an appeal. The first appellate Court accepted the appeal, set aside the judgment and decree passed by the trial Court and decreed the suit by holding that there was sufficient evidence on record to establish the marriage between Amarjit Kaur and Mohinder Singh. It is also held that in the absence of evidence of a divorce, she was entitled to succeed to his estate being his widow. The first appellate Court placed reliance upon the oral testimony of witnesses produced by Amarjit kaur to hold that she had succeeded in proving her marriage to Mohinder Singh. It was further held that as in a suit brought by joginder Singh brother of the deceased mohinder Singh, asserting ownership of the suit land, Daljit Kaur appellant No.1 herein, had filed a written statement, Ex. PZ, asse