The legitimacy of a Will and associated marriage certificates must be scrutinized rigorously, considering all contextual circumstances and documentation to ascertain their authenticity.

ORDER

1. The present Civil Revision Application under Section 115 read with Section 151 of the Code of Civil Procedure , is filed by the applicant – original respondent No.2 for challenging the legality and validity of an order dated 7.5.2019 passed below Exh.112 in Civil Misc. Application No.32 of 2012, by the learned 2nd Additional Senior Civil Judge, Anand.

2. The case, in brief, is that applicant – Smt.Harshika is the widow of late Shashikant Parshottambhai Patel and said Shashikant Parshottambhai Patel had earlier married to the mother of respondent, namely, Renukaben. Out of the said wedlock with Renukaben, late Shashikant Parshottambhai Patel had two children; one named as Bhavin and another daughter named as Bhumiben, who are respondent Nos.1 and 2 herein. It is the say of the applicant that since about 30 years, said Shashikant Parshottambhai Patel was not residing with earlier wife i.e. with mother of respondents herein on account of internal domestic issues and was residing with present applicant in the house of applicant with family since many years. In the year 2006, as per the say of the applicant, one contract of friendship came to be executed by the present applicant with late Shashikant Parshottambhai Patel on 27.10.2006, in which it was asserted that since about 55 years, both are residing as husband and wife, during the lifetime late Shashikant Parshottambhai Patel generated movable as well as immovable properties and with regard to that, the respondents raised the dispute with the assistance of mother Renukaben. In between, settlement took place with the intervention of Senior Advocate as well and the settlement was executed on 2.6.2011. It was declared that after receiving the amount of property mentioned in the MoU, the son shall not be entitled to any amount either from share in the property or maintenance and will not file any suit or avail any legal course to claim anything. The MoU having been complied with, but then on 17.4.2012, said Shri Shashikant Parshottambhai Patel expired and in response to the MoU cum family settlement , it was agreed between the parties that the mother of the respondents would take a consent divorce under the instructions and suggestion by the Senior Advocate and, therefore, an application was submitted under Section 13(1)(b) of the Hindu Marriage Act before the competent court and ultimately, said application came to be allowed by learned Additional Senior Civil Judge, Anand on 2.4.2012 and thus, divorce took place of the mother and father of respondents herein, in view of the MoU.

2.1 It is further the case of the applicant that immediately after the decree of divorce, on 5.42012 late Shashikant Parshottambhai Patel married to present applicant as per the Hindu rites and ceremony and on the same day, a Will was prepared as per the instruction of the Senior Advocate as referred to above. Unfortunately, on 8.4.2012, said Shri Shashikant Parshottambhai Patel suffered with brain stroke and went into unconsciousness and ultimately, died on 17.4.2012. According to the applicant, even the amount of Rs.5000/­ was paid for registration of marriage on 5.4.2012 to one Advocate – Shri Vanrajsinh Raul. However, on account of brain stroke, said Shri Shashikant Parshottambhai Patel was required to be shifted to Krishna Hospital at Anand.

According to the applicant, even Besna ceremony was organized on 22.4.2012 at the residence of the applicant. An allegation was leveled that even for operating the deceased with high risk anesthesia, even the consent of wife was taken. Pursuant to the marriage