Phulan Wanti vs Vijay Laxmi

R.L. Anand, J.—This Civil Revision has been filed by Smt. Phulan Wanti. This revision is being shown in the list for the last several days. Nobody is coming forward to render assistance to this Court. Hence, I am disposing of this revision after going through the impugned order and the record of the lower Court.

This revision has been directed against the judgment dated 10.3.1983, passed by the Addl. District Judge, Jalandhar, who allowed the appeal of Smt. Vijay Laxmi and Neelam Kumari, However, the appeal of Ms. Shelly was dismissed, Through this impugned judgment the cross-objections of Smt. Phulan Wanti were also dismissed.

The brief facts of the case can be noticed in the following manner. Vijay Laxmi and her minor daughters Neelam Kumari and Shelly filed a petition u/s 372 of the Indian Succession Act for the grant of succession certificate in their favour on the allegations that Shri Devi Dass husband of petitioner No. 1 and father of petitioner Nos.2 and 3, died on 19.6.1980 in Civil Hospital, Jalandhar. An amount of Rs. 10.017/- was sanctioned as ex-gratia grant by the Secretary Punjab State Electricity Board vide order No. 207 dated 8.8.1980. A sum of Rs. 107/- was also lying deposited in A/c No. 3333 in New Bank of India, Railway Road, Jalandhar. It was stated by the petitioners that as per Rule 2.17 of Civil Services Rules, Volume 1, they are entitled to the said amount because they were dependents and as such the ex-gratia grant has to go to them in preference to Smt. Phulan Wanti, who was the mother of Shri Devi Dass. Under the rules, mother does not fall within the definition of family.

Notice of the petition was given to the respondents. The petition was contested by Smt. Phulan Wanti, who maintained that Smt. Vijay Laxmi, petitioner No. 1, was not the legally wedded wife of Shri Devi Dass as she was already married to Nand Lal Sarkar. She also denied the factum of marriage of Vijay Laxmi with Devi Dass. On the other hand, she claimed herself to be entitled to the amount aforesaid on the plea that she was solely dependent upon Shri Devi Dass.

The trial Court framed the following issues:-

Whether the petitioner is legally wedded wife of late Shri Devi Dass? OPA

Whether the objections are not maintainable in the present form? OPA

Relief.

The parties led evidence in support of their case before the trial Court and the learned Senior Sub Judge, decided issue No. 1 against the petitioners. Issue No. 2 was also decided against the petitioners. Resultantly, the petition of Smt. Vijay Laxmi and her daughters was dismissed.

Aggrieved by the order dated 22.7.1982, passed by the Senior Judge, Jalandhar, the petitioners filed an appeal before the Court of Additional District Judge, Jalandhar, who set aside the order of the trial Court and allowed the appeal of Vijay Laxmi and Neelam Kumari holding that they were the wife, and child respectively of Shri Devi Dass. However, the appeal qua Shelly was dismissed on the plea that she was not born to petitioner No. 1 from the loins of Devi Dass. The cross-examination of Smt. Phulan Wanti were also dismissed by the Court of Additional District Judge, as she claimed herself to be the dependent upon Devi Dass.

Aggrieved by the judgment of the first appellate Court, the present revision has been filed by Smt. Phulan Wanti.

I have gone through the records of this case and it stands proved that Shri Devi Dass was the husband of Smt. Vijay Laxmi. The records of the lower Court show that Smt. Vijay Laxmi was earlier married with Shri Nand Lal Sarkar of Malerkotla. On coming to know that Nand Lal Sarkar was already married and his previous wife was living, Vijay Laxmi filed a suit for declaration that she was not legally wedded wife of Shri Nand Lal and the marriage which was solemnized on 30.11.1975 was null and void. The suit of Smt. Vijay Laxmi was decreed and declaration was given in her favour that she was not the legally wedded wife of Shri Nand Lal. This fact stands proved from the judgment and decrees Ex. A.5 and A.6. The suit was decreed on 18.12.1979. Thereafter, Vijay Laxmi contracted a second marriage with Devi Dass on 22.1.1980 and this marriage stands proved from the testimony of Smt. Parvesh Kumari, Rajinder Kumar and Subhash Chander. The statements of Parvesh Kumari and Rajinder Kumar are admissible u/s 50 of the Indian Evidence Act and they have deposed about the marriage and also that Shri Devi Dass had been treating Smt. Vijay Laxmi as his wife and that Smt. Vijay Laxmi used to live in the house of Shri Devi Dass as his wife. Also it stands proved that Shri Subhash Chander took the snaps at the time of the marriage of Smt. Vijay Laxmi. Further, it stands proved that out of this wedlock, petitioner No. 2, Smt. Neelam Kumari was born. Also it stands proved that Vijay Laxmi and her daughter Neelam Kumari petitioner No. 2 were dependants upon Devi Dass. There is no evidence on the record to suggest that Smt. Phulan Wanti, the present petitioner was dependent upon her son Shri Devi Dass or that she was living with him. It is a case of ex-gratia grant which was sanctioned on account of the death of Shri Devi Dass which has to go to the family members and dependents the deceased. Resultantly first appellate Court rightly held that Smt. Vijay Laxmi and Neelam Kumari are entitled to the ex-gratia grant. Ms. Shelly was born to Smt. Vijay Laxmi from the loins of her previous husband Shri Nand Lal Sarkar and, therefore, she has been rightly deprived of the ex-gratia grant. As it is not proved on the record that Smt. Phullan Wanti, the present petitioner, was dependent upon her son Shri Devi Dass, therefore, she is not entitled to ex-gratia grant. It was only available to the dependents and family members of the deceased.

No interference is called for in his revision.