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2003 Supreme(All) 2702

SUNIL AMBWANI
BHOORI – Appellant
Versus
DISTRICT JUDGE – Respondent


Advocates Appeared:
SATISH CHATURVEDI, V.K.Dixit

SUNIL AMBWANI, J.

( 1 ) SRI Satish Chaturvedi has accepted notice on behalf of Union of India-respondent No. 2.

( 2 ) I have heard counsel for petitioner, and Sri Satish Chaturvedi for respondent No. 2. In a pending Motor Accident Claims Petition No. 252 of 2000, the Tribunal has impleaded Smt. Munni Devi, the applicant, the widow of the deceased Sartaj Ali as a party to the proceedings.

( 3 ) PETITIONER is mother of Late Sartaj Ali. She objected to the application on the ground that Late sartaj Ali had divorced Munni Devi in the year 1996. In her objections she stated in paragraph 4, that her Late son married seven years ago but did not have any issue. About two years later to the marriage, her son divorced his wife Munni Devi and thereafter he had no relationship with munni Devi.

( 4 ) THE Tribunal has allowed the impleadment application with observations that the question of divorce, and the fact whether Munni Devi was legally wedded wife on the date of accident, shall be decided after the evidence is taken.

( 5 ) COUNSEL for petitioner submits that the question as to who is legal representative of the deceased can only be decided by the civil court of competent jurisdiction. He





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