A marriage solemnized according to the custom of the Gond community, which allows for polygamy, is valid and recognized by law. The second marriage of a person who has obtained permission from his first wife is also valid and recognized by law.

A.K. Mathur, C.J.

1. This is an appeal directed against the order dated 14th August 1996 passed by the learned Additional District Judge, Mandla, whereby the learned Additional District Judge declined to revoke the succession certificate granted by the trial court in case No. 52 of 1994 and rejected the application filed by the appellant/objector under Section 383 of the Indian Succession Act.

2. The appellant was husband of deceased Chamelibai, and Shivdayal was father of the deceased Chamelibai. The father of the deceased Shivdayal filed a petition seeking succession certificate and in that petition, Kunwar Singh Marko who was husband of the deceased Chamelibai was not impleaded as a party. On 21.7.1995, when the Objector Kunwar Singh approached the Principal of District Education and Training Institute, Mandla for service benefits of his deceased wife Chamelibai, he came to know that Shivdayal, father of the deceased Chamelibai had obtained a succession certificate and filed the same in the Department where the deceased Chamelibai had worked, for receiving all the dues of deceased Chamelibai. Therefore, the appellant filed an application for revocation of certificate on the ground that Shivdayal obtained a certificate by misleading the facts and abusing the process of court of law. It was averred that he had married with Chamelibai according to the rites and customs of their community. The deceased Chamelibai was living with him till her death. Therefore, the appellant prayed that the order of succession certificate granted in favour of Shivdayal may be revoked and he may be granted succession certificate as he is the legitimate successor of deceased Chamelibai.

3. Shivdayal in his reply took the stand that Chamelibai was not wife of objector Kunwar Singh and also denied the marriage of Chamelibai with Kunwar Singh. He also pointed out that Chamelibai had written her clan (Gotra) as 'Sarote' and the appellant/objector Kunwar Singh writes his clan as 'Marko'. If Kunwar Singh Marko was the husband of deceased Chamelibai, then Chamelibai would have nominated him (Shivdayal) as per nominee in her service record. Therefore, Shivdayal is entitled to receive all the service benefit dues of deceased Chamelibai and not Kunwar Singh. It is also pointed out that Kunwar Singh is already employed in the State Government Department and he has already lived with his first wife and during service, he can not contract second marriage. He also took a stand that Chamelibai was taken to hospital for abortion and in that process, she died. It was pleaded that the relation between the deceased Chamelibai and Kunwar Singh was adulterous and that can not be recognised. Therefore, he (Shivdayal) alone is entitled to succession certificate and Kunwar Singh is not entitled to any succession certificate. Kunwar Singh in support of his case examined himself alongwith six witnesses and Shivdayal examined himself.

4. The learned trial Court after examining the matter, came to the conclusion that the marriage of deceased Chamelibai with Kunwar Singh was not solemnized in the manner required under the custom. He also found that the factum of marriage was not found to be proved and hence he rejected the application filed by the appellant/objector Kunwar Singh. Aggrieved against this order of the learned Addl. District Judge, Mandla, the present appeal is filed by the appellant Kunwar Singh.

5. We have heard learned counsel for the parties and perused the record. Kunwar Singh Marko examined himself as O.W.1. He deposed that he is a teacher in village Bargaon. Shivdayal is his father in law. He had married Chamelibai daughter of Shivdayal. He deposed that he was earlier married with one Kunwariyabai, who is alive at present. Kunwariyabai gave birth to one female child and thereafter no child was born. Kunwariyabai gave permission to him vide Ex.P-1 to contract second marriage. After the permission so granted he contracted another marriage according to the rit