( 1 ) DISSENTING with a decision reported in Smt. Sheelwati v. Smt. Ram Nandani (AIR 1981 All 42), Honble B. N. Sapru, J. has referred the following question: "whether the view taken in Smt. Sheelwati v. Smt. Ram Nandani (AIR 1981 Allahabad 42) is correct in so far as it lays down that the validity of a void marriage being in contravention of the provisions of Setcion 5 (i) read with Section 11 of the Hindu Marriage Act cannot be gone into at the instance of a third aggrieved party after the death of the spouses to the marriage. "

( 2 ) THE relevant facts which led to the above reference have been noted by the learned Judge in his judgment. It appears that Smt. Ram Pyari, the appellant, moved an application for grant of a succession certificate before the District Judge, Kumaun to the assets of her husband Tula Ram. It was alleged that the applicant Smt Ram Pyari was married to Tula Ram and that he having died without leaving any issue, she was entitled to the succession certificate.

( 3 ) THE objectors, who were kith and kin of Tula Ram, pleaded that Smt. Ram Pyari was not the legally wedded wife of Tula Ram and she was not entitled to the grant of the succession