The court clarified a legally wedded wife holds superior claim over marital status, emphasized by the requirement for authentic marriage documentation.

ORDER :

SUBODH ABHYANKAR, J.

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner, seeking the following reliefs:-

“8.1 Respondent Authority be directed to delete the name of Kiran Singh as mentioned in the Bracket from the Death Certificate (Annexure P/A).

8.2. Respondent Authority be directed to compensate the Petitioner towards the undue hardship faced by the Petitioner.

8.3. Any other relief in favour of the Petitioner which this Hon’ble Court may deem fit.”

2. The grievance of the petitioner is that the respondent no.1/Municipal Corporation, Indore has issued the death certificate of her husband, late Hemendra Singh Pawar in the name of the petitioner-Shaila Raje Pawar @ Shaila Devi as also the respondent no.2/Smt. Kiran Singh, who has also claimed herself to be his second wife.

3. In brief, the facts of the case are that on 29.12.1999, the petitioner got married to late Shri Hemendra Singh Pawar as per Hindu rites and rituals, and out of this wedlock, they also have a son-Prathmeshwar Singh Pawar, who was born in the year 2008. Admittedly, Hemendra Singh Pawar has died on 06.11.2023, in SRJ-CBCC Cancer Hospital, Indore, and after his death, in the death certificate issued by the respondent no.1/Municipal Corporation, Indore, the name of his wife is recorded as Kiran Singh. Being aggrieved, the petitioner also sent legal notice to the said Hospital for providing wrong information to the Municipal Corporation and a separate application was also submitted to the Municipal Corporation, Indore for correction of the death certificate of late Hemandra Singh Pawar. Pursuant to the aforesaid application, the Municipal Corporation has corrected the death certificate, which is marked as Annexure P/9. However, in place of name of the wife of the deceased Hemendra Singh Pawar, it is mentioned as Shaila Raje Pawar and the name of Kiran Singh is also mentioned in brackets in the following manner:-

“Name of husband/wife: Shaila Raje Pawar (Kiran Singh)”

Thus, being aggrieved of the same, the present petition has been filed.

4. Shri R.S. Chhabra, learned Senior counsel appearing for the petitioner has submitted that the petitioner happens to be the legally wedded wife of late Shri Hemendra Singh Pawar and her marriage would fall under clause (i) of Section 5 of the Hindu Marriage Act, 1955 that a marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely; (i) neither party has a spouse living at the time of the marriage, as at the time of their marriage neither party had a spouse living at the time of marriage. Thus, it is submitted that even though certain photographs have also been filed by the respondent no.2 to demonstrating that Kiran Singh also got married to Hemendra Singh Pawar, the same are not relevant and are inconsequential as her marriage with Hemandra Singh Pawar cannot be said to be a legal marriage, in accordance with law.

5. Learned Senior counsel has drawn attention of this Court to the various documents, including Passport, Aadhar Card and Samagra ID etc. of the petitioner to submit that the petitioner happens to be the only legally wedded wife of the deceased Hemendra Singh Pawar. Thus, it is submitted that the respondent no.1/Municipal Corporation be directed to correct its record and to issue the death certificate in the name of Shaila Raje Pawar only instead of mentioning the name of Kiran Singh, in addition to her name in the death certificate.

6. The prayer is opposed by the counsel for the respondent no.1/