High CourtsDIVISION BENCH(2017) 03 PAT CK 0033

Sujata Kumari vs The State of Bihar

Patna High Court · Decided on 16 March 2017

HON’BLE JUDGES
Ajay Kumar Tripathi, Nilu Agrawal
RESULT
Dismissed
CASE NUMBER
613 of 2014

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Judgment

11 paragraphs · 278 words
1.

The appellants claim themselves to be the children of Late Krishna Ram from the so called third wife.

But from perusal of materials on record, the only thing which emerges is that the so called third wife, namely, Babita Sinha had two children at the time of her marriage

with Late Krishna Ram. Though there is evidence, annexed as Annexure-5, where Late Krishna Ram had taken responsibility upon himself to take care of the two children

as well.

2.

On the death of the employee, Late Krishna Ram, the first wife, Pyari Devi, claimed benefit. The dispute initially was raised before the District Magistrate, who, after hearing the parties, passed the order in favour of the first wife and the Learned Single Judge has upheld such a decision to be valid and correct and now these appellants have approached the High Court, challenging the decision

of the Learned Single Judge.

3.

After having heard the parties and perused the order, dated 05.02.2014, passed in C. W. J. C. No. 9587 of 2013, the Court is of the opinion that the Learned Single Judge has committed no error by upholding the order of the

District Magistrate, Jamui.

4.

But, so far as claim of these appellants are concerned, in the controversial bundle of facts and where some serious disputes are raised also with regard to their status, no relief as such can be extended to them, except with a leeway that they are free to move the civil court of competent jurisdiction to seek declaration in law, if they succeed to make out a case to claim inheritance under Late

Krishna Ram.

5.

The appeal is otherwise dismissed.