Pawan Jain VS Sejal Anurag Jain

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

N. J. JAMADAR
Pawan Jain – Appellant
Versus
Sejal Anurag Jain – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Neeraj Patil, Advocate
For the Deceased: Mr. Anuj Desai, Amicus Curiae

ORDER

Heard the learned counsel for the parties.

2. A question of general importance as to whether a person who has caused dowry death within the meaning of section 304-B of the Indian Penal Code, 1860 (Penal Code) incurs disqualification to inherit the property of woman, who met the dowry death, under section 25 of the Hindu Succussion Act, 1956, arises for consideration in this petition.

3. The background facts in which the aforesaid question crops up for consideration can be stated in brief as under:-

3a. Ms. Sejal Anurag Jain, the deceased, was the daughter of the petitioner. Marriage of the deceased was solemnized with Anurag Jain, on 6th May, 2013. The deceased passed away on 6th February, 2014 at Noida, Uttar Pradesh. The cause of death was excess bleeding and multiple injuries, as noted during the course of postmortem examination.

3b. The petitioner preferred a petition for grant of a succession certificate in respect of certain debts and securities belonging to the deceased. In paragraph 4 of the petition, the petitioner furnished the particulars of the heirs and next-of-kin left behind by the deceased including Anurag Jain, the husband, Swatantrakumar Jain, father in law,