Judgment :-

S.B. Sinha, J.

Leave granted.

1. K.T. Subramanya (the deceased) was employed with Karnataka Power Corporation (for short, "KPC") at Linganamakki. He took four life insurance policies from Life Insurance Corporation of India being dated 13.1.1987, 16.2.1987, 31.3.1987, and 3.6.1988. Indisputably, therein he nominated Challamma, his mother as the beneficiary thereof. The first respondent is said to have entered into a wedlock with the deceased on 3.12.1984. Subramanya died on 22.9.1988.

2. Respondent Nos. 2 and 3 are said to be the sons of the deceased Subramanya and the first respondent herein. The respondents filed an application for grant of succession certificate in their favour in terms of Section 372 of the Indian Succession Act, 1925 (for short, "the Act") in the Court of Civil Judge, Sagar in respect of the scheduled debts. The said application was marked as P & S.C. 3/89. Appellant admittedly being the mother of the deceased filed an application for being impleaded as a party therein, which was allowed. She objected to the grant of the said succession certificate contending that the deceased was not married at all. The core question in view of the aforementioned stand taken by the appellant in the said proceedings was as to whether the first respondent was married to the deceased or not.

3. A large number of witnesses being P.Ws. 1 to 5, namely, Tilaga, first respondent herein (P.W.1), Muniyamma, the mother of respondent no.1 (P.W.2), Puttappa, father of the respondent No.1 (P.W.3), Y.M. Bangera, Administrative Officer, L.I.C. of India, Sagar (P.W.4) and Subba Rao B.R., the Personnel Officer of the K.P.C. (P.W.5) were examined by the respondents in support of their contention that the first respondent was married to the deceased.. A large number of documents including photographs showing performance of marriage ceremony were also filed. Inter alia on a finding that the first respondent and the deceased having been residing in a quarter together for a period of 3 years, 9 months and 19 days and furthermore having arrived at a finding of fact that the society accepted them as husband and wife, the learned trial judge held that a presumption of valid marriage should be drawn and on the basis thereof the application for grant of succession certificate filed by the respondents herein was allowed.

4. Appellant, aggrieved by and dissatisfied with the said judgment and order of the learned Civil Judge, preferred an appeal thereagainst in the court of District Judge, Shimoga which was marked as Misc. Appeal No. 52 of 1995. The said appeal was eventually transferred to the Court of Additional District Judge. By reason of a judgment and order dated 1.3.2004, the learned First Appellate Court opined that the appellant was entitled to 1/4th share in the estate of the deceased while upholding the judgment and order of the learned trial judge that the marriage by and between the deceased and the first respondent was valid and the respondent Nos. 2 and 3 were their sons.

5. Still not satisfied, the appellant preferred Civil Revision Petition No. 1115 of 2004 before the High Court which by reason of the impugned judgment has been dismissed.

6. Mr. O.P. Chaturvedi, learned counsel appearing on behalf of the appellant would contend that the courts below committed a serious error in passing the impugned judgments insofar as they failed to take into consideration the evidences brought on record by the parties in their correct perspective. It was urged that keeping in view the provisions of the Hindu Marriage Act, 1955, it was obligatory on the part of the first respondent to establish that all the ingredients of a valid marriage were proved. In a case of this nature where the first respondent was a woman of easy virtue, it was urged, the presumption of a valid marriage ought not to have been drawn.

7. Mr. R.S. Hegde, learned counsel appearing on behalf of the respondent, on the other hand, would support the impugned judgment.

8.