O R D E R

This writ petition has been filed challenging the order of the 1st respondent, dated 13.07.2017, rejecting the petitioner's appeal challenging the Legal Heirship Certificate, in respect of her husband Devaraj, issued in favour of the 4th respondent/first wife of Devaraj.

2.The case of the petitioner is that she got married to one Devaraj on 07.02.1977, after he divorced his first wife/4th respondent. According to the petitioner, there was a misunderstanding between her husband and his first wife/4th respondent and hence, they got divorced through a Deed, which was duly registered before the Sub-Registrar, Rayakottai, on 17.08.1976. Only thereafter, the petitioner's marriage with the said Devaraj was solemnized as per Hindu Rites on 07.02.1977 and they have begotten two children. The first wife/4th respondent never visited the matrimonial home after the divorce. The husband of the petitioner died on 14.11.2015. The 4th respondent/first wife is living separately and is receiving monthly pension under the Destitute Deserted Wives Pension Scheme from the Government.

3.While so, the grievance of the petitioner is that the 4th respondent/first wife obtained a Legal Heirship Certificate from the 3rd respondent on 13.01.2016 by concealing the factum of divorce obtained from her husband Devaraj in the year 1976. Therefore, the petitioner filed an appeal before the 1st respondent, challenging the Legal Heirship Certificate issued in favour of the 4th respondent, dated 13.01.2016. The 1st respondent, by the impugned order dated 13.07.2017, rejected the petitioner's appeal. Aggrieved by the same, the petitioner has filed the present writ petition.

4.M/s.M.Sudha, learned counsel appearing for the petitioner, would submit that the 4th respondent has obtained the Legal Heirship Certificate, after obtaining divorce from Devaraj. Therefore, the issuance of such Legal Heirship Certificate after obtaining divorce is invalid. However, the 1st respondent has not considered this aspect. Therefore, the impugned order is liable to be set aside.

5.Heard the learned counsel on either side and perused the materials available on record.

6.On a perusal of the impugned order of the 1st respondent, it is clear that, only a Deed of Divorce has been relied upon by the petitioner, and therefore, the request of the petitioner was rejected by the 1st respondent. In order to support her case, the petitioner has to establish the fact that there was a divorce between the 4th respondent and the said Devarajan and there was a marriage between the petitioner and the said Devarajan. As, it is a disputed question of facts, which is to be agitated and adjudicated before the competent Civil Court and not by way of a writ petition. Particularly, disputes between the first and second wives claiming Legal Heirship Certificate, have to be adjudicated only before the Civil Court. Therefore, the rejection of the petitioner's appeal by the 1st respondent cannot be held to be bad. It is for the petitioner to establish her rights before the competent Civil Court.

7.Accordingly, this writ petition is dismissed. No costs.

23.09.2022 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To

1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Revenue Divisional Officer, Harur, Dharmapuri District.

3.The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

N. SATHISH KUMAR, J.

mkn

23.09.2022