Kusum VS Anand Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

PANKAJ BHATIA
Kusum – Appellant
Versus
Anand Kumar – Respondent

Counsel for the Parties:
For the Petitioner:Deepak Kumar, Vindeshwri Pandey, Advocates
For the Respondents:Vivek Kumar Pandey, Mahendra Pratap Singh and Vivek Shukla, Advocates

JUDGMENT

Pankaj Bhatia, J.—Present petition has been filed challenging the order dated 12.07.2022 passed by District Judge, Unnao in Civil Revision No.16 of 2022 (Smt. Kusum vs. Anand Kumar & Ors.).

2. The facts, in brief, are that the petitioner claims that she had taken out 15 life insurance in the name of her daughter namely Ranjeeta when she was unmarried and subsequently, the daughter was married to respondent no.1, and respondent no.2 – the granddaughter of the petitioner – was born out of the wedlock in between the daughter of the petitioner and respondent no.1. Unfortunately, daughter of the petitioner died on 01.09.2021 when respondent no.2 was about 11 months’ old. It is claimed that in the 15 life insurance policies, the petitioner was the nominee as named by her daughter before her death. However, to resist the said claim, respondent no.1 and respondent no.2 filed Civil Misc. Case No.08/2022 under Section 372 of Indian Succession Act before the Civil Judge (Senior Division), Unnao claiming succession including the claim arising out of life insurance policies. It is claimed that the petitioner was not even made a party. Subsequently, the said case was disposed off in the