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1997 Supreme(MP) 240

S.K.DUBEY, S.P.KHARE
SAVITRI DEVI – Appellant
Versus
MANORAMA BAI – Respondent


Advocates Appeared:
A.S.USMANI, ABHAY SAPRE

S. P. KHARE, J.

( 1 ) THIS is an appeal under Section 384 of the Indian Succession Act, 1925 by the first wife against the order granting succession certificate in favour of the second wife.

( 2 ) UNDISPUTED facts of the case are that appellant Savitri Devi was legally wedded wife of Bhagwan Singh Rai. This marriage had taken place in June, 1963. He remarried respondent No. 1 Manorama Bai on 6-11-1976. Respondent Nos. 2 to 4 are his children through Manorama Bai. He was employed in Railways as A. C. T. I. He died on 21-1-1993. The following amounts are payable to his heirs : @@114. htm@@ on his death Manorama Bai and her three children applied for succession certificate. That was registered as Case No. 61/93. Savitri Devi also applied for succession certificate at Tikamgarh. Her application was transferred to Jabalpur and it was registered as Case No. 1/96. These two cases were consolidated. After recording the evidence these cases were disposed of by the common order. It was held that there had been divorce according to the caste custom between Savitri Devi and Bhagwan Singh Rai before he married Manorama Bai. Therefore, the succession certificate was granted in favour of Manorama












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