IMPORTANT POINT
The central legal point established in the judgment is the determination of the rightful wife of the deceased and the validity of the Succession Certificate and entitlement to family pension.

JUDGMENT

1. The brief facts of this case is that the petitioner claiming to be the wife of one (L) Vanlalruata Zahau had applied for a Succession Certificate before the Court of the Judge, District Council Court, Shillong which was granted to her. However, it appears when the petitioner approached the concerned authorities for release of the pension benefits of her deceased husband, she came to learn that the respondent No.1 had already obtained a Succession Certificate and had also received the pensionary benefits of the deceased. Being aggrieved thereby, the petitioner had filed a revocation application for cancellation of the Succession Certificate which had been granted to the respondent No.1. The Judge, District Council Court after hearing both the parties and examining the evidence led through their respective witnesses, then by the impugned judgment and order dated 27th April, 2018, rejected the prayer of the petitioner by holding that the respondent No.1 was able to prove her case beyond reasonable doubt that she was the rightful wife of the deceased. Being aggrieved thereby, the petitioner is before this Court by way of this revision application.

2. It is noted and has also been pointed out by the learned Sr. counsel for the respondents that instead of an appeal being preferred under Section 384 of the Indian Succession Act, 1925, which provides for appeals against an order granting, refusing or revoking a certificate, the petitioner has approached this Court under Rule 6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014. On this ground alone this petition could have been returned to the petitioner but however for the ends of justice, this revision application is being taken up and treated as an appeal which has been preferred under Section 384 of the Indian Succession Act.

3. I have heard learned counsel, Ms. L.Khiangte for the petitioner and Mr. S.P.Mahanta, learned Sr. counsel assisted by Mr. M.Lyngdoh, on behalf of the respondent No.1.

4. The point in controversy is that both the petitioner and the respondent No.1 claim to be the rightful wife of the deceased employee namely, Vanlalruata Zahau who was serving in the Police Department of the Govt. of Meghalaya. In the application for revocation, the petitioner had alleged that the respondent No.1 had fraudulently obtained the Succession Certificate by concealing material facts. In the proceedings before the District Council Court, the learned Judge had framed six issues which are as follows:

1. Who is the wife of the deceased?

2. Whether the Petitioner had obtained a No Objection Certificate from the nearest relative of the deceased.

3. Whether the Petitioner had obtained a Succession Certificate from this Court? If so, whether the said Certificate was obtained fraudulently?

4. Who is legally entitled to obtain a Succession Certificate?

5. With whom did the deceased lived and cohabited together till his death?

6. To what reliefs are the parties entitled to?

5. The most important issue to the mind of this Court is the first issue i.e. 'Who is the wife of the deceased.' On this issue, the petitioner had examined herself and another witness who is stated to be a close friend of the deceased and they were shown as D.W.1 and D.W.2. The respondent No.1 also examined herself and the sister of the deceased and they were shown as P.W.1 and P.W.2 respectively. The learned Judge, District Council Court dwelt at length and discussed the evidence that had been tendered by the witnesses and came to the conclusive finding that the respondent No.1 was the wife of the deceased thereby settling the issue. The relevant portion of the judgment is reproduced herein below:

'Let me now discuss the above issues one after another. Let me discuss first Issue No.1 which reads as under: 'Who is the wife of the deceased?'

The Petitioner has in para 2 of her petition stated as under: 'That your Petitioner is the wife of (L) Shri. Vanlal Ruata who died intestate on 14.04.