Bangalore District Court
/ 1. Smt. B. Jayamma vs Smt. Vijayalakshmi on 23 November, 2022
1 O.S.2243/2021
(P & SC No.92/2010)
KABC010081012021
IN THE COURT OF I ADDL. CITY CIVIL &
SESSIONS JUDGE AT BENGALURU (CCH.No.2)
Present: - SRI.SREENIVASA, B.A., LL.B.
I Addl. City Civil & Session Judge,
Bengaluru.
Dated this the 23 rd day of November 2022
O.S.No.2243 / 2021
(P & SC No.92/2010)
Plaintiffs / 1. Smt. B. Jayamma,
Petitioners : W/o. Late Lakshminarayana,
Major, R/at No.23/12, Police Quarters,
Magadi Road, Bengaluru-560 023.
2. Sri. Umashankar,
S/o. Lakshminarayana,
Aged about 31 years,
R/at 1st A Cross, 2nd Main,
M.C.Layout, Subbanna Garden,
Vijayanagar, Bengaluru-560 040.
(By Sri.R.Vijayakumar, Adv.)
- VS -
Defendants/ 1. Smt. Vijayalakshmi,
Respondents: W/o. No known to the petitioners,
Major, R/at No.15, 3rd A Cross,
Shanthinath Desai Road, Moodalapalya,
Nagarabhavi Main Road, Bengaluru-72.
2 O.S.2243/2021
(P & SC No.92/2010)
2. The Inspector General of Police,
State Intelligence No.2,
Nrupathunga Road, Bengaluru-560 001.
3. Sri.Manju B.L.,
S/o. Late Lakshminarayana,
R/at No.15, 3rd A Cross,
Shanthinath Desai Road, Moodalapalya,
Nagarabhavi Main Road,
Bengaluru-560 072.
4. Smt. Varalakshmi B.L.,
W/o. Ravikumar J,
D/o. Late Lakshminarayana,
No.7, Si Durga, 15th Cross, Lachappa
Colony, Yeshwanthpura, Bengaluru-22.
(By Sri.C.Venkatesha, Adv.)
Date of Institution of the suit 24.03.2010.
(P & SC 92/2010)
Nature of the Suit (suit for pronote, Declaration,
Suit for declaration & possession, Injunction & Possession.
Suit for injunction, etc.):
Date of the commencement of 24.02.2012.
recording of the Evidence:
Date on which the Judgment was 23.11.2022.
pronounced:
Year/s Month/s Day/s
Total duration:
12 07 29
(SREENIVASA)
I Addl. City Civil & Sessions Judge,
Bengaluru.
3 O.S.2243/2021
(P & SC No.92/2010)
JUDGMENT
This suit is filed by the plaintiffs against the defendants for a judgment and decree of declaration to declare that, the 1 st petitioner is the only legally wedded wife of deceased Lakshminarayana and the 2nd petitioner is the only son of deceased Lakshminarayana and that the petitioners are entitled for the benefits of deceased Lakshminarayana.
2. The brief facts of the plaintiff's case are that:
a) The 1st petitioner is the legally wedded wife of deceased Lakshminarayana . Out of their wedlock, the 2 nd petitioner was born.
During the lifetime of said Lakshminarayana, he joined as Police Constable on 17.10.1975, later on he has promoted as ASI on 11.12.2000 and thereafter as Sub-Inspector and the same was confirmed on 01.07.2009 in the Department of the 2 nd respondent. While he was in service, he died on 08.12.2009 at Bengaluru leaving behind the petitioners being the sole legal heirs to succeed to his estate. The name of the petitioners and deceased Lakshminarayana are shown in the ration card. After the death of deceased Lakshminarayana, the petitioners have performed the funeral ceremonies and other rites as per the shastras prevailed in their community. Thereafter, the petitioners have approached the concerned Tahsildar for obtaining the surviving legal heir ship certificate. In that connection, the concerned Tahsildar after following the procedures has issued legal heirs certificate in favour of the petitioners, wherein, the name of the petitioners finds a place. After 4 O.S.2243/2021 (P & SC No.92/2010) the death of Lakshminarayana, the 1 st petitioner has applied for grant of service certificate of the deceased with the 1 st respondent on 19.01.2010. After the death of Lakshminarayana, the 1 st petitioner has given a representation to the respondent No.2 for payment of the service benefits of deceased Lakshminarayana in favour of the petitioners on 18.01.2010. In support of the claim of the petitioners, the petitioners have produced the following documents:
a) Invitation Card.
b) Marriage photos of the 1st petitioner with deceased
Lakshminarayana.
c) Election identity card.
d) Assembly election ID Card.
e) Court order copy.
f) Copy of the allotment of quarters at Magadi Road
Bengaluru and other documents.
2b) It is further submitted that, the 2nd respondent has also
issued service certificate of the deceased on 08.02.2010. Those entire documents amply go to show that, the 1 st petitioner is the legally wedded wife of deceased Lakshminarayana and out of their wedlock, the 2nd petitioner was born to them. Therefore, the petitioners are legally entitled to have the service benefits of deceased Lakshminarayana. After the death of Lakshminarayana, the 1st petitioner approached the 2nd respondent for disbursing the service benefits in favour of the petitioners, for which, the 2 nd respondent had issued an endorsement directing the petitioners to produce the succession certificate issued from the competent Court of law. The 1st respondent who is nothing to do with the deceased 5 O.S.2243/2021 (P & SC No.92/2010) Lakshminarayana, has made unlawful claim over the service benefits of deceased Lakshminarayana before the 2nd respondent. There is no such marital relationship between deceased Lakshminarayana and the 1st respondent. Hence, the 2nd respondent had issued such endorsement to the petitioners directing them to bring the succession certificate from the compete Court. The 1 st respondent has no manner of right or interest over the service benefits of the deceased. Under the above said facts and circumstances, the petitioners left with no other go than to file P & SC 92/2010 for issuance of succession certification in favour of the petitioners pertaining to the service benefits of deceased Lakshminarayana.
2c) It is further submitted that, except the petitioners, there are no other persons including the 1 st respondent do not have any manner of right or interest over the service benefits of deceased Lakshminarayana. The petitioners are alone entitled to receive the service benefits of the deceased such as provident fund, death relief funds, gratuity family pension etc., which are more fully described in the schedule to the petition. During the lifetime of deceased Lakshminarayana in M.C.D.No.1927/2003 he has given his evidence and filed affidavit before the Court stating that, the 1 st petitioner Jayamma is the legally wedded wife and gave birth to the male child i.e., the 2nd petitioner. This vital evidence of the deceased itself goes to show that, the petitioners are legally entitled to get the succession certificate in their favour. The petitioners become entitled to claim over all the benefits, movables and immovable properties belonging to deceased Lakshminarayana.
6 O.S.2243/2021(P & SC No.92/2010)
3. After receipt of the notice in P & SC 92/2010, the respondents have appeared through their respective counsels and the respondent No.1 has filed statement of objection.
a) The respondent No.1 in her statement of objection has disputed the case of the petitioners. She has contended that, after the marriage in the year 1978, the 1 st petitioner has not performed her part of duties as legally wedded wife and the differences were started, which has gone to the extent of not to cope up. Thus, the desertion starts between the 1st petitioner and the deceased Lakshminarayana. Due to the unsolved differences, of the petitioner No.1, she left Lakshminarayana within one year from the date of marriage. Inspite of the best efforts and advise, the said differences were not cope up due to adamant behaviour of the 1 st petitioner. Hence, deceased Lakshminarayana decided to marry the 1 st respondent herein. Accordingly, deceased Lakshminarayana married the 1st respondent in the month of July 1979 itself. Out of the marriage of the 1st respondent, two children were born i.e., Varalakshmi born on 19.08.1983 and Manju B.L. born on 16.10.1985. After the marriage with the 1 st respondent by Lakshminarayana, the 1st petitioner has enriched herself and she has filed M.C.Petition at Anekal during the year 1980. The said petition has been disposed off. Thereafter, the 1 st petitioner has filed C.Misc.No.1084/1998, which has been disposed off. Thereafter, the 1st petitioner has continuously started harassing filing one by one complaint including 498A of IPC for dowry harassment and also M.C.petitions for seeking divorce and also C.Mis petitions for the maintenance and execution petition and further, the criminal appeals before Hon'ble High Court of Karnataka. The 1 st petitioner has filed 7 O.S.2243/2021 (P & SC No.92/2010) more than 10 cases during the life time of Lakshminarayana and she has mentally tortured deceased Lakshminarayana and she has not allowed Lakshminarayana to live peacefully during his lifetime. When the 1st petitioner started cruel behavior and living separately without discharging her duties towards Lakshminarayanam, he has got married the 1st respondent in the month of July 1979. From that day to till the death of Lakshminarayana, he lived separately without having any touch with the 1st petitioner. The 1st petitioner also living separately with her son. These facts clearly go to show that, all the cases were filed and counter claims and statement etc. 3b) It is further contended that, after the marriage, two children were born. The children also studied and in their marks cards and documents, their father's name is specifically mentioned as Lakshminarayana as a father and during the life time of Lakshminarayana, he has celebrated marriage of his daughter Varalakshmi. The 2nd respondent is well aware of marriage of 1 st respondent with Lakshminarayana and that they lived in a separate house at Marenahalli, Moodalapalya etc. During the lifetime of Lakshminarayana, when he was suffering from BP, TB, he joined to HOSMAT hospital of Neuro Sciences at Bengaluru. The 1 st petitioner has got the certificate from the said hospital authority for having looked after the deceased Lakshminarayana and also the body was handed over to the 1st respondent. During the lifetime of Lakshminarayana, he had nominated the 1st respondent in KGID records. The 1st respondent herein as nominee in the certificate issued by the 2nd respondent in the month of September 1997. In the ration card, his name, his wife Vijayalakshmi, his father Ramegowda, mother Nanjamma, sister Sunanda, children Varalakshmi and Manju 8 O.S.2243/2021 (P & SC No.92/2010) are specifically mentioned. In the KGID certificate issued by the competent authority, wherein, it is clearly mentioned, his wife name as Vijalakshmi i.e., respondent No.1. The department has issued a letter for the condolence on 08.12.2009. After the said letter, the 2 nd respondent has also issued survivorship certificate mentioning the name of the 1st respondent her daughter Varalakshmi and also son Manju. The department has also paid cash of Rs.4,000/- at the time of death of Lakshminarayana to the 1 st respondent. All the documents are crystal clear that the 1st respondent and her children are the successor of the estate left by deceased Lakshminarayana.
3c) The 1st respondent further contended that, the 1 st petitioner to take revenge against the 1 st respondent and her children has deliberately filed this petition seeking a succession certificate just to harass and trouble. The 1 st petitioner's son Umashankar is presently working with G.Power Electronics and getting a substantial salary and moreover, the 1st petitioner is also having immovable properties at Vijayanagar, Subbanna Garden and getting sufficient rent also. At the same time, the 1 st respondent has no avocation, daughter was got married and son is unemployed and no source of income for the family. Moreover, there are no properties left by Lakshminarayana either ancestral properties or self-acquired properties. After the death of said Lakshminarayana, the only son has no employment and there is a proposal for the department on compassionate ground, job may provide, until and unless the succession certificate issued. Said Manju is not in a position to get any job with the 2nd respondent. The 1st respondent has no any source of income for her life and hence, she is alone entitled for the benefit of the PF, death relief fund, gratuity etc. 9 O.S.2243/2021 (P & SC No.92/2010)
4. Initially, the plaintiffs / petitioners have filed petition in P & SC 92/2010 under Sec.372 of Indian Succession Act. After appearance of the respondents, they have disputed the case. Thereafter, this Court converted the petition in P & SC No.92/2010 into O.S.No.2243/2022.
5. Based on the pleadings, the following issues arise for my consideration :-
ISSUES
1. Whether plaintiffs prove that, the plaintiff No.1 is the only legally wedded wife and plaintiff No.2 is the only son of the deceased Lakshminarayana ?
2. Whether the defendant No.1 proves that, she is the legally wedded wife and defendant No.3 and 4 are the children of Lakshminarayana ?
3. Whether the plaintiff is entitled for the relief as claimed in the suit ?
4. What Order or decree ?
6. In order to prove the case, the 1 st plaintiff / petitioner examined herself as PW.1 and got marked the documents at Ex.P.1 to Ex.P.67. On the other hand, the defendant / respondent No.3 examined himself as RW.1 and got marked the documents at Ex.R.1 to Ex.R.103.
7. Heard the arguments from both the sides. Perused the entire record along with written arguments.
10 O.S.2243/2021(P & SC No.92/2010)
8. My findings on the above issues are as under :-
Issue No.1 to 3 :- Partly in the affirmative, Issue No.4 :- As per the final order; for the following :-
REASONS
9. ISSUE Nos.1 to 3: All these issues are interconnected with each other, hence they are taken together for discussion in order to avoid repetition of facts.
10. To prove the facts in issue, the 1 st petitioner examined herself as PW.1 and she has reiterated the plaint averments in her examination-in-chief. She has stated that, she is the only legally wedded wife of Lakshminarayana. Out of their wedlock, 2 nd petitioner Umashankar was born. During the lifetime of her husband Lakshminarayana, he joined as Police Constable on 17.10.1975, later on, he promoted as ASI on 11.12.2000 and thereafter as Sub- Inspector and was confirmed on 01.07.2009 in the Department of the 2nd respondent. Further she has stated that, while he was in service, he died on 08.12.2009 at Bengaluru leaving behind her and her son as only LRs to succeed to his estate. After the death of her husband, she performed the funeral ceremonies and other rites as per the shastras prevailed in their community. Thereafter, they approached the concerned Tahsildar for obtaining the surviving legal heir ship certificate. In that connection, the concerned Tahsildar after following the procedures issued legal heirs certificate in their favour. After obtaining the certificate, she made a representation to the respondent No.2 for payment of the service benefits of her husband 11 O.S.2243/2021 (P & SC No.92/2010) in their favour. Further, she has stated that, the 1 st respondent who is nothing to do with her husband Lakshminarayana, without any evidence, she has no manner of right over the benefits of her husband and there is no marital relationship between deceased Lakshminarayana and respondent No.1. The respondent No.2 had issued endorsement directing them to bring the succession certificate from the competent Court. The respondent Nos.1, 3 and 4 taking the advantage of demise of her husband, made wrongful attempts to claim the benefits of her husband.
11. The respondents in their objection has disputed the entire case of the petitioners and contended that, after the marriage in the year 1978, the 1st petitioner has not performed her part of duties as legally wedded wife and the differences were started, which has gone to the extent of not to cope up. Thus, the desertion starts between the 1st petitioner and the deceased Lakshminarayana. Due to the unsolved differences, of the petitioner No.1, she left Lakshminarayana within one year from the date of marriage. In spite of the best efforts and advise, the said differences were not cope up due to adamant behavior of the 1 st petitioner. Hence, deceased Lakshminarayana decided to marry the 1st respondent herein. Accordingly, deceased Lakshminarayana married the 1 st respondent in the month of July 1979 itself. Out of the marriage of the 1 st respondent, two children were born i.e., Varalakshmi born on 19.08.1983 and Manju B.L. born on 16.10.1985. After the marriage with the 1st respondent by Lakshminarayana, the 1 st petitioner has enriched herself and she had filed M.C.Petition at Anekal during the year 1980. The said petition has been disposed off. Thereafter, the 12 O.S.2243/2021 (P & SC No.92/2010) 1st petitioner has filed C.Misc.No.1084/1998, which has been disposed off. Thereafter, the 1st petitioner has continuously started harassing filing one by one complaint including 498A of IPC for dowry harassment and also M.C.petitions for seeking divorce and also C.Mis petitions for the maintenance and execution petitions and further, the criminal appeals before Hon'ble High Court of Karnataka. The 1st petitioner has filed more than 10 cases during the life time of Lakshminarayana and she has mentally tortured deceased Lakshminarayana and she has not allowed Lakshminarayana to live peacefully during his lifetime. Further, she has taken contention that, when the 1st petitioner started cruel behaviour and living separately without discharging her duties towards Lakshminarayana, he has got married the 1st respondent in the month of July 1979. From that day to till the death of Lakshminarayana, he lived separately without having any touch with the 1st petitioner. During the lifetime of Lakshminarayana, when he was suffering from BP, TB, he joined to HOSMAT hospital of Neuro Sciences at Bengaluru. The 1 st petitioner has got the certificate from the said hospital authority for having looked after the deceased Lakshminarayana and also the body was handed over to the 1st respondent. The department has issued a letter for the condolence on 08.12.2009. After the said letter, the 2 nd respondent has also issued survivorship certificate mentioning the name of the 1st respondent, her daughter Varalakshmi and also son Manju. The department has also paid cash of Rs.4,000/- at the time of death of Lakshminarayana to the 1st respondent.
12. In view of the specific contention taken by the defendants, the burden lies on the plaintiffs to prove that, the 1 st plaintiff is the only wedded wife of deceased Lakshminarayana and 13 O.S.2243/2021 (P & SC No.92/2010) the plaintiff No.2 is only the son of deceased . On the other hand, the burden lies on the defendant No.1 to prove that, she is the legally wedded wife of deceased Lakshminarayana and defendant Nos.3 and 4 are their children.
13. Apart from the oral evidence, PW.1 has produced documents at Ex.P.1 to Ex.P.67. Ex.P.1 is the death of certificate of Lakshminarayana, who died on 08.12.2009, death of Lakshminarayana, is not in dispute. Ex.P.2 is the certified copy of the ration card showing the names of Lakshminarayana, Jayamma, Umashankar, Vijayakumar and another person. Ex.P.3 is the genealogy tree showing that, Narayanaswamy died on 08.12.2009 and the plaintiff Nos.1 and 2 are his LRs. Ex.P.4 is the service certificate dated 08.02.2010 showing the name of the mother of Lakshminarayana by name Nanjamma as nominee. This supporting the case of plaintiff to establish that 1 st petitioner is the wife and 2nd petitioner is the son of Lakshminarayana, Ex.P.5 is the representation dated 19.01.2010 given by the plaintiff No.1 to the Inspector General of Police along with the documents. Ex.P.6 is the representation dated 18.01.2010 given by the plaintiff No.1 to the Inspector General of Police along with the documents requesting them for payment of the service benefits of deceased Lakshminarayana in their favour. Ex.P.7 is marriage invitation card of Lakshminarayana and 1st plaintiff Jayamma solemnized on 25.06.1978. this shows that the marriage of the 1 st petitioner was solemnized with Lakshminarayana, this is also not disputed . Ex.P.8 is the certified copy of the voter ID card of plaintiff B.Jayamma issued on 06.07.2002 wherein the husband name is shown as Lakshminarayana. Ex.P.9 is the certified copy of the voter ID of 14 O.S.2243/2021 (P & SC No.92/2010) Umashankar M.L. issued on 06.07.2002 wherein the father name is shown as Lakshminarayan. Ex.P.10 is the evidence of Lakshminarayana in M.C.No.1927/2003, wherein, he has admitted that, he married Jayamma on 25.06.1978 at Chennapattana. Further, he has admitted that, they got 2 nd petitioner out of their wedlock. His son mentioned above had completed B. E .Degree. This document discloses that, the petitioner Nos.1 and 2 are the wife and son of Lakshminarayana. Ex.P.11 is the certified copy of the allotment of quarters allotting quarter No.23/12 to Lakshminarayana. On 17.02.1979. Ex.P.12 is the letter dated 29.12.2009 issued by Jayamma to the Police Sub-inspector requesting for service certificate. Ex.P.13 is the office order dated 07.01.2010 issued by the Inspector General of Police directing the office to give the documents with service certificate. Ex.P.14 is the letter dated 09.02.2010 issued by Inspector General of Police to Jayamma and Vijayalakshmi informing them to submit the documents mentioned therein. Ex.P.15 is the Insurance Policy of plaintiff Jayamma W/o. Lakshminarayana. Ex.P.16 is the police notice dated 11.03.2010 to plaintiff Jayamma informing her to vacate the quarters as her husband Lakshminarayana died on 08.12.2009. Ex.P.17 is the authorisation letter given by Lakshminarayana authorising his wife Jayamma to draw the NSC. Ex.P.18 is the letter dated 27.12.1990 given by Lakshminarayana to the Assistant Executive Engineer to repair the quarters. Ex.P.19, 20 and 21 are the authorisation letters issued by Lakshminarayana authorising his wife Jayamma to draw the NSCs. Ex.P.22 is the Form-A Nomination for Karnataka Government Employees' Family Benefit Fund, wherein, deceased Lakshminarayana nominated his wife B.Jayamma. Ex.P.23 is the 15 O.S.2243/2021 (P & SC No.92/2010) progress report card of petitioner No.2 M.L.Umashankar showing the father's name as Lakshminarayana. Ex.P.24 is the intimation for obtaining voter ID. Ex.P.25 is the no due certificate dated 01.04.2010 issued by BESCOM. Ex.P.26 is the intimation letter issued by Police Inspector to the Police Commissioner dated 04.04.2010 informing about vacating the quarters on 01.04.2010. Ex.P.27 to Ex.P.35 are the photographs, wherein, the plaintiff No.2 performing the shraddaa karya. Ex.P.36 is the CD. Ex.P.37 to Ex.P.40 are the voter lists of Umashankar, Lakshminarayana and Jayamma. Ex.P.41 is the copy of photo. Ex.P.42 is the copy of the patient slip. Ex.P.43 to Ex.P.47 are the copies of medical prescriptions of Lakshminarayana. Ex.P.48 is the death certificate of Nanjamma, who died on 08.09.1981. Ex.P.49 is the birth certificate of child of Vijayalakshmi showing date of birth as 19.08.1983. Ex.P.50 to Ex.P.53 are the KGID reminders. Ex.P.54 is the agreement dated 15.03.1982 executed by deceased Lakshminarayana stating that, the plaintiff is entitled to the amounts mentioned in GPF, KGID and LIC and also the plaintiff is entitled to receive the death benefits. Ex.P.55 is the letter dated 15.05.2014 issued by the office of the Deputy Police Commissioner furnishing the documents to Jayamma under RTI. Ex.P.56 is the memo dated 13.05.2014 furnishing the documents under RTC by the office of the Deputy Police Commissioner to the RTI Branch, South Office, Bengaluru City. Ex.P.57 is the letter dated 05.09.2012 given by Jayamma to the Director, KGID claiming death claims of Lakshminarayana. Ex.P.58 is the letter dated 01.10.2013 given by Jayamma to the KGID office requesting time to produce the succession certificate. Ex.P.59 are the 5 marriage and family 16 O.S.2243/2021 (P & SC No.92/2010) photographs. Ex.P.59(a) is the negatives of Ex.P.59. Ex.P.60 is the letter dated 24.04.2010 given by Jayamma to the Inspector General of Police informing about vacating the quarters and given new address of her. Ex.P.61 is the Forms of Nomination for GPF wherein Lakshminarayana nominated his wife Jayamma as nominee. Ex.P.62 is the letter dated 05.08.1988 given by Lakshminarayana to the Mayanayakanahalli panchayath requesting for house demand register extract. Ex.P.63 is the certified copy of the vakalath filed in Crl.Appeal No.2176/2005, wherein, Lakshminarayana has signed. Ex.P.64 is the letter dated 06.12.2010 given by plaintiff No.2 Umashanker M.L. along with Biodate and marks cards to the Inspector General Of Police requesting them to give employment of his father deceased Lakshminarayana on compassionate ground. Ex.P.65 is the complaint given by plaintiff Jayamma to the PSI, Vijayanagar Police to take action against the respondents as they are cheating them. Ex.P.65 (a) is the postal receipt. Ex.P.65 (b) is the postal acknowledgement. Ex.P.66 is the letter dated 07.06.2018 issued by the BBMP to Vijayalakshmi, wherein, the BBMP officer has given direction to not to use the birth certificate of Varalakshmi B.L. for any purpose until orders from the Court.
14. From the documents produced by the plaintiffs/petitioners, it is crystal clear that, the plaintiff Nos.1 and 2 are the wife and son of deceased Lakshminarayana and she led married life with Lakshminarayana, till the death of her husband. Further the documents of plaintiff are not challenged during the course of cross-examination, mere denial is not sufficient to draw presumption that 1st petitioner is not the wife and 2nd petitioner is not 17 O.S.2243/2021 (P & SC No.92/2010) the son of Lakshminarayana, on the other hand the respondent no1 in her objection has admitted the plaintiff Nos.1 and 2 are the wife and son of deceased Lakshminarayana , only taken contention that 1st petitioner not led marital life with the the plaintiff Nos.1 and 2 are the wife and son of deceased Lakshminarayana hence admitted facts need not be proved under section 58 of Indian evidence act .
15. The defendant No.3 Manju B.L. examined as RW.1 and she has disputed the case of the plaintiffs. In her evidence, DW.1 has stated that, her mother respondent No.1 is the wife of deceased Lakshminarayana. Her mother married Lakshminarayana as per Hindu rites and customs in the month of July 1979. Out of their wedlock, she and her sister petitioner No.4 were born. Her date of birth is 16.10.1985 and her sister's is 19.08.1983. In their marks cards, their father name has been shown as Lakshminarayana and mother's name shown as Vijayalakshmi. Hence, they are the legitimate children of Late Lakshminarayana. The petitioners to get the terminal benefits of deceased Lakshminarayana have filed this false claim petition before this Court. Since from 1979 to till the death of their father, the petitioners have not taken any care of their father. However, they have taken care of their father during his lifetime. Due to continued illness, her father died on 08.12.2009 at HOSMAT Hospital, Bengaluru. They had performed the obsequies as per hindu rites and customs. The petitioners have not involved in the last rites of their father and they have spent huge amount towards the same. After the death of their father, she had applied for the job under compassionate ground on 19.04.2010, in lieu of the death of her father when he was in service as she has to look after the entire family and to redeem the distress of the family of the 1 st 18 O.S.2243/2021 (P & SC No.92/2010) respondent. The 2nd plaintiff is working in MNC company and getting handsome salary, hence, the need of the job on compassionate ground is not necessary for the 2 nd petitioner. The 2nd petitioner has not applied for job on compassionate ground within the stipulated time. To augment the financial resources, she applied for any suitable job and these are all the per-requisites to obtain the terminal benefits of deceased Lakshminarayana in the Government service such as LIC, KGID and other legal dues payable to her father. As could be seen from the documents produced herein, all the nominee stands in the name of her mother. The documents produced by them goes to substantiate that they are entitled to be issued a succession certificate to declare that, they are entitled to the estate of deceased Lakshminarayana.
16. DW.1 in addition to her oral evidence, she has produced documents at Ex.R.1 to Ex.R.103. Ex.R.1 is the ration card showing the names of Lakshminarayana, Vijayalakshmi, Ramegowda, Nanjamma, Sunanda, B.L.Varalakshmi and B.L.Manju. Ex.R.2 is the the family tree of Lakshminarayana, who died on 08.12.2009 showing the successors name as Vijayalakshmi, Varalakshmi B.L., Manju B.L. Ex.R.3 is the death certificate of Lakshminarayana, who died on 08.12.2009. Ex.R.4 and Ex.R.5 are the SSLC marks cards of Varalakshmi B.L. and B.L.Manju showing the father's name as Lakshminarayana. Ex.R.6 is the PUC marks card of Manju B.L showing the mother's name as Vijayalakshmi and father's name as Lakshminarayana. Ex.R.7 is the KGID bond wherein the name of the nominee is shown his wife Vijayalakshi. Ex.R.8 is the service certificate dated 08.02.2010 showing the name of the mother of Lakshminarayana by name Nanjamma as nominee. Ex.R.9 is the 19 O.S.2243/2021 (P & SC No.92/2010) letter dated 09.02.2010 issued by Inspector General of Police to Jayamma and Vijayalakshmi informing them to submit the documents mentioned therein. Ex.R.10 is the letter dated 14.05.2010 issued by the Inspector General of Police to respondent No.1 Vijayalakshmi informing them to furnish the relevant documents to give job to Manju B.L. on compassionate ground. Ex.R.11 is the letter given by Vijayalakshmi on 02.01.2010 to the Superintendent of Police requesting them to issue service certificate. Ex.R.12 is the letter dated 19.04.2010 given by Vijayalakshmi to the Inspector General of Police requesting for employment on compassionate ground. Ex.R.13 is the letter given by Vijayalakshmi on 08.09.2010 to the Inspector General and Director General of Police furnishing the documents required for job on compassionate ground. Ex.R.14 is the letter dated 01.09.2010 issued by Addl. Director General of Police to Vijayalakshmi informing them to produce the relevant documents. Ex.R.15 is the memo dated 07.01.2010 issued by Inspector General of Police informing both plaintiff No.1 and respondent No.1 that, on perusal of service register of Lakshminarayana, he has given his mother Nanjamma as nominee, hence, they intimated to furnish their statement along with documents. Ex.R.16 is the letter dated 03.01.2010 given by Vijayalakshmi to the Inspector General of Police requesting them to grant family pension and other benefits of her deceased husband Lakshminarayana. Ex.R.17 is the representation dated 19.01.2010 given by the respondent No.1 to the Inspector General of Police along with the documents. Ex.R.18 is the letter given by Manju B.L to the IGP Intelligence to issue acknowledgement under Arogya Bhagya Yogane. Ex.R.19 is the birth certificate of the child born to 20 O.S.2243/2021 (P & SC No.92/2010) Lakshminarayana and Vijayalakshmi on 19.08.1983. Ex.R.20 is the birth certificate of the child born to Lakshminarayana and Vijayalakshmi on 16.10.1985. Ex.R.21 is the certificate issued by the Medical officer dated 05.10.1985 about tubectomy operation undergone by Vijayalakshmi at the Urban Family Welfare Centre, Yeshwanthpur. Ex.R.22 is the certificate issued by the Medical Officer about operation underwent by Vijayalakshmi w/o. Lakshminarayana. Ex.R.23 is the sterilisation certificate issued by the medical officer. Ex.R.24 is the death summary of Lakshminarayana issued by HOSMAT hospital. Ex.R.25 is the certificate dated 16.01.2010 issued by HOSMAT Institute of Neurosciences. Ex.R.26 is the application dated 19.09.1994 given by Lakshminarayana for claiming increment with enclosures to the department. Ex.R.27 is the proficiency certificate in taking finger impressions issued to Lakshminarayana. Ex.R.28 is the marriage invitation card of Varalakshmi B.L. with Ravikumar wherein, the father and mother's name of Varalakshmi B.L. mentioned as Vijayalakshmi and Lakshminarayana. Ex.R.29 is the driving licence book of Late Lakshminarayana. Ex.R.30 is the ration card of Lakshminarayana. Ex.R.31 is the address confirmation letter dated 19.02.2010. Ex.R.32 is the Arogyabhagya Yojana Membership card of Lakshminarayana. Ex.R.33 is the death ceremony card of Late Lakshminarayana. Ex.R.34 is the aadhaar card of Vijayalakshmi, wherein the husband name shown as Lakshminarayan. Ex.R.35 is the aadhaar card of Manju B.L., wherein the father's name shown as Lakshminarayana. Ex.R.36 and Ex.R.37 are the Voter ID cards of Vijayalakshmi and Manju B.L., wherein Lakshminarayana shown as husband and father. Ex.R.38 is the certified copy of the judgment 21 O.S.2243/2021 (P & SC No.92/2010) passed in C.C.No.7579/1995. Ex.R.39 is the order passed in Crl.Misc.No.1899/1995. Ex.R.40 is the certified copy of the order sheet in Crl.Misc.No.97/2005. Ex.R.41 is the certified copy of the order of the Hon'ble High Court of Karnataka in W.P.No.12590/2005 filed by Lakshminarayana against Jayamma. Ex.R.42 is the condolence message sent by IGP on 08.12.2009 to the family members of Lakshminarayana. Ex.R.43 is the RTI application given by Manju B.L. to the Public Information Officer, KGID seeking particulars about nominee etc. Ex.R.44 is the acknowledgement given by the KGID giving details about nominee and matured amount. Ex.R.44(a) is the postal cover. Ex.R.45 are the photographs. Ex.R.46 is the CD.
17. Ex.R.47 is the certified copy of the complaint in PCR No.738/1997 filed by Jayamma W/o. Lakshminarayana against Lakshminaraya and Jayalakshmi @ Lakshmi W/o. Lakshminarayana, Ramegowda, father of Lakshminarayana and Doddamma W/o. Late S.K.Kempaiah. In para-4 of Ex.R.47, it is stated that, "when the things stood thus, the marital life of the compliant along with the accused No.1, was cordial for few years, and then the accused No.1, without the knowledge of the complainant has got married with accused No.2, which is much against to law". From this statement, it is crystal clear that, the second marriage of the 1st defendant with Lakshminarayana is admitted by the plaintiff in PCR No.738/1997 and also in the cause title she shown the name of 1 st respondent as, Jayalakshmi @ Lakshmi is the wife of Lakshminarayana. From the documents it is clear that she also the wife of Lakshminarayana. In the pleading she has disputed the relation ship , but in the document she has 22 O.S.2243/2021 (P & SC No.92/2010) admitted that respondent no1 is also the wife of Lakshminarayana, but the documents discloses that during the subsistence of 1 st marriage he got married the 1 st respondent. Ex.R.48 is the certified copy of the judgment in C.C.No.7466/1998, wherein, it discloses that, the III ACMM acquitted the respondent No.1, Lakshminarayana, his father on the ground that, the present petitioner failed to prove the alleged offence of bigamy against the respondent No.1 and Lakshminarayana. Ex.R.49 is the certified copy of the deposition of PW.1 B.Jayamma in PCR NO.738/97 before III ACMM. Ex.R.50 is the deposition of PW.1 Jayamma in CC No.7466/1998, wherein, she has stated that, "it is true that, I have filed a complaint before Anekal Police against A1 alleging the offences of taking one Jayalakshmi @ Lakshmi in second marriage. The said case was ended in a compromise, the A-2 is the same person against whom I have complained before the Anekal Police stating as the 2nd wife of my husband". From the evidence of the plaintiff in C.C.No.7466/1998, she herself has admitted that, the 1 st respondent is the second wife of her husband Lakshminarayana. So admitted fact need not be proved under said circumstances it cannot be said that 1st respondent is strangers to the family of Lakshminarayana. Ex.R.51 is the certified copy of the written argument for evidence before charge submitted by the complainant Jayamma in C.C.No.7466/1998. Ex.R.52 is the certified copy of the deposition of PW.4 B.Siddaiah in CC No.7466/1998 before III ACMM. Ex.R.53 is the letter dated 27.06.2006 issued by Deputy Director, Department of Food and Civil Supplies, West Range to the III ACMM submitting the information about the ration card of Lakshminarayana. Ex.R.54 is the assignment register in respect of 23 O.S.2243/2021 (P & SC No.92/2010) ration card. Ex.R.55 is the letter given by the Head Master of Sri Raghavendra Kannadar Higher Primary School, Moodalapalya to the III ACMM submitting the transfer certificates of Varalakshmi B.L. and Manju B.L. Ex.R.56 and Ex.R.57 are the certified copies of the transfer certificates of B.L.Manju, wherein the father's name mentioned as Lakshminarayana. Ex.R.58 and Ex.R.59 are the certified copies of the transfer certificates of Varalakshmi B.L., wherein the father's name mentioned as Lakshminarayana. Ex.R.60 is the certified copy of the register containing health information, Ex.R.61 is the certified copy o the marriage invitation card of Jayalakshmi @ Lakshmi with Lakshminarayana. Ex.R.62 is the certified copy of the statement of B.Jayamma before the Police Inspector, Vijayanagar PS. Ex.R.63 is the letter dated 05.12.2016 issued by the Deputy Police Commissioner, South Division to Manju B.L. giving details of salaries drawn by Lakshminarayana during August 1994 till December 1995. Ex.R.64 is the certified copy of the complaint given by B.Jayamma before the Vijayanagar Police Station. Ex.R.65 is the letter dated 07.12.2016 by the Police Sub inspector, Vijayanagar Police Station to the Deputy Registrar, Birth and Death Division, requesting them to furnish details of birth in respect of B.L.Varalakshmi and B.L.Manju. Ex.R.66 is the letter dated 28.12.2016 given by Joint Director, BBMP to the Vijayanagar PS furnishing details. Ex.R.67 is the letter by Police Inspector, Vijayanagar PS to the Director, KGID requesting for information about KGID No.509526. Ex.R.68 is the letter dated 02.12.2017 given by Assistant Director, KGID to the Police Inspector, Vijayanagar PS. Ex.R.69 is the KGID policy bond of Lakshminarayana. Ex.R.70 is the certified copy of the medical 24 O.S.2243/2021 (P & SC No.92/2010) certificate furnished with KGID. Ex.R.71 is the certified copy of the KGID bond of Lakshminarayana. Ex.R.72 is the KGID proposal form. Ex.R.73 is the certified copy of the KGID personal statement of the proposer Lakshminarayana. Ex.R.74 is the letter dated 11.01.2017 given by the Police Inspector, Vijayanagar PS to the Deputy Registrar, Birth and Deaths Division. Ex.R.75 is the letter dated 31.01.2017 given by Joint Director, BBMP to the Police Inspector, Vijayanagar PS furnishing details of birth of the respondent Nos.2 and 3. Ex.R.76 is the certified copy of the KGID bond of Lakshminarayana. Ex. R.77 and Ex.R.78 are the marks card of Varalakshmi and Manju, wherein, the father name mentioned as Lakshminarayana. Ex.R.79 to Ex.R.81 are the aadhaar cards of respondents. Ex.R.82 is the certificate of birth of male child of Vijayalakshmi and Lakshminarayana. Ex.R.83 and Ex.R.84 are the form of application for seeking information under RTI and postal order. Ex.R.85 is the letter dated 20.07.2017 given by Manju B.L. to the Joint Director, Birth and Deaths, Bengaluru City. Ex.R.86 is the letter dated 09.08.2017 given by BBMP, Birth and Deaths to Manju B.L., giving information. Ex.R.87 is the letter dated 17.03.2017 given by Joint Director, BBMP to the B.Jayamma. Ex.R.88 is the letter dated 01.03.2017 given by the office of the Director, Directorate of Economics and Statistics to the Joint Director, BBMP. Ex.R.89 is the letter dated 15.02.2017 given by BBMP to the Director, Registrar of Birth. Ex.R.90 is the letter given by B.Jayamma to the BBMP. Ex.R91 and Ex.R.92 are the birth certificates of Manju B.L. and Varalakshmi B.L. Ex.R.93 and Ex.R.94 are the proceedings in RRT (D) 41/2013-14. Ex.R.95 is the notice issued by the Tahasildar. Ex.R.96 is the mutation register.
25 O.S.2243/2021(P & SC No.92/2010) Ex.R.97 is the report submitted by the Village Accountant. Ex.R.98 is the copy of the postal order. Ex.R.99 is the letter given by KGID department to Manju B.L. Ex.R.100 is the copy of KGID bond. Ex.R.101 is the KGID endorsement. Ex.R.102 is the KGID medical test request letter. Ex.R.103 is the certified copy of the KGID policy.
18. From the documents produced by the DW.1 and as admitted by the plaintiff, it discloses that, the 1 st defendant is the second wife of deceased Lakshminarayana and the defendant Nos.2 and 3 are their children. In the instant case, the plaintiff No.1 has contended that, she is only the legally wedded wife and the plaintiff No.2 is only the son of deceased Lakshminarayana. Further contended that, the defendants are the strangers to deceased Lakshminarayana. If really, the defendants are strangers and the defendant No.1 is not the wife of Lakshminarayana, the plaintiffs could have produced the documents to show that, the defendant No.1 is the wife of some other person and not the wife of deceased Lakshminarayana. Further, the documents which are produced by the defendants mission made by the 1st petitioner in her deposition and P.C.R disclose that, the defendant No.1 is also the wife and the defendant Nos.3 and 4 are the children of deceased Lakshminarayana.
19. Further, the plaintiffs have not filed any suit to declare that, the defendant No.1 is not the wife and defendant Nos.3 and 4 are not the children of Lakshminarayana and they are strangers . But to prove this fact, no documents are put forth before this Court. In the absence of documentary evidence, it cannot be said that, the 26 O.S.2243/2021 (P & SC No.92/2010) defendant No.1 is the not the wife and the defendant Nos.3 and 4 are not the children of deceased Lakshminarayan. All the documents show that, the 1 st respondent / 1st defendant is the second wife and the defendant / respondent Nos.3 and 4 are the children of deceased Lakshminarayana.
20. Further, the documents show that, during the lifetime of Lakshminarayana, he has not taken divorce from the first wife and during the subsistence of first marriage, he got the 1 st respondent / defendant as second wife. So, the marriage of the 1 st defendant under law is illegal and void. But in order to show that, after the death his 1st wife or after divorce taken from the first wife, deceased Lakshminarayana married the 1 st defendant, nothing is placed on record. The first wife is alive and she herself filed this suit , as such, the second marriage is void and illegal during the life time of 1st wife as rightly contended by the learned counsel for the plaintiffs.
21. The learned counsel for the plaintiffs has relied upon the paper cuttings, wherein, the Honorable Supreme Court of India held that, the married lady, who is residing with the another married person, is not entitled for maintenance. This ruling is noway helpful to the present case on hand to prove who are legally wedded wife.
22. Further, the learned counsel for the plaintiff has argued that, the petitioner herself deserted the company of Lakshminarayana and not led the marital life during his lifetime, she had filed the petition for maintenance and getting the maintenance, after that, Lakshminarayana got second marriage 27 O.S.2243/2021 (P & SC No.92/2010) and not co-operating by the first wife to live with him is not amounts to divorce. To substantiate his argument, he has relied upon the rulings of the Honorable Apex Court in Crl. Appeal No.2028-2029/2010. I have gone through the ruling. The said ruling is aptly applicable to the case on hand. The desertion and not co-operating by the first wife to live with him is not amounts to divorce.
23. The learned counsel for the plaintiffs has relied upon the newspaper cutting, and the judgment of the Honorable High Court of Karnataka passed in W.A.No.2495/2019 (S-RES) dated 24.06.2021, wherein, the Honorable High Court held that, the son born to the second wife is not entitled for job on compassionate ground.
24. Further he has also relied upon the news paper cutting of Vijaya Karnataka dated 02.05.2017, wherein it is published that, the second wife is not entitled for right to claim the pension.
25. Further, the learned counsel for the plaintiff vehemently argued that, the son of the second wife is also not entitled for the benefits. To substantiate his argument, he has relied upon the judgment of the Honorable High Court of Karnataka passed in W.P.No.7924/2017 dated 03.04.2017.
26. Further, the learned counsel for the plaintiff has relied upon the paper cutting, wherein it is stated that, the son born to the second wife is not entitled for job on compassionate ground.
28 O.S.2243/2021(P & SC No.92/2010)
27. Further he has relied upon the judgment of the Honorable High Court of Karnataka passed in W.P.No.31329/2014 dated 04.09.2017 wherein, the Hon'ble High Court of Karnataka held that, the son born to the second wife is not entitled to claim job on compassionate ground. Further, he has produced the newspaper cutting, wherein, it is published that, the marriage of the hindu is not a contract, it is a custom.
28. Further, he has relied upon the ruling of the Hon'ble Delhi High Court passed in RSA No.403/2015 in the case of Champa Devi Vs Lt Governor of Delhi and others on 17.01.2017, wherein, it is held that, only the legally wedded wife is entitled to all the benefits and the second wife who got married during the subsistence of the marriage is not entitled for benefits after the death of deceased husband.
29. Further, the learned counsel for the plaintiff has argued that, the wife is not demand to seek nomination in the service register of government servant. To substantiate his argument, he has relied upon the newspaper cutting and the judgment of the Hon'ble High Court of Karnataka passed in Civil Revision Petition No.100049/2017 dated 02.04.2018. I have gone through the judgment of the Hon'ble High Court, wherein, it is held that, the wife has no right to demand to enter her name in the service register of her husband.
30. Further the learned counsel for the plaintiff has vehemently argued that, as per the records, the respondent No.1 is the second wife of deceased Lakshminarayan, she being the 29 O.S.2243/2021 (P & SC No.92/2010) second wife of the deceased, has no right to claim right over the pension. To substantiate his argument, he has relied upon the newspaper cutting and also unreported judgment of the Hon'ble High Court of Karnataka passed in W.P.No.38410/2009 dated 21.01.2010. I have gone through the ruling. Principles applicable to the case in hand since in that judgment the honorable high court held that, the marriage of respondent No.1 with the deceased Laxminarayana during the life time his 1 st wife is void and she is not entitled to claim pensionary benefits and also he has relied upon the ruling of the Hon'ble Apex Court reported in AIR 2009 Supreme Court 3232 in the case of Syed Askari Hadi Ali Augustine Imam and another Vs State (Delhi Admn.) and another, wherein the Hon'ble Apex Court have held that, mere pendency of two proceedings whether civil or criminal, however, by itself would not attract the provisions of S.41 - Judgment rendered by probate Court is judgment in rem - Binding on all Courts and authorities - Judgment in rem indisputably is conclusive in a criminal as well as in a civil proceeding.
31. Further, the learned counsel for the plaintiff has relied upon the judgment of the Hon'ble Gauhati High Court passed in WP (C)/849/2019 in the case of Pratima Deka Vs the State of Assam and 5 others, wherein, it is held that, the second wife is not entitled for family pension.From the rulings, which are produced by the counsel for the plaintiffs, it is crystal clear that, the second wife is not entitled to claim the pensionary benefits. Further, the children born to second wife are also not entitled to claim job on compassionate ground.
30 O.S.2243/2021(P & SC No.92/2010)
32. Per contra, the learned counsel for the defendant has vehemently argued that, in the instant case, the documents and evidence disclose that, the 1st respondent / 1st defendant is the second wife and the defendant Nos.3 and 4 are children of 1 st respondent and deceased Lakshminarayana, as such, their children are entitled to succeed to the debts and securities equal proportion along with respondent and her 2 children. To substantiate his argument, he has relied upon the ruling reported in AIR 2005 Gauhati 67 in the case of Smt.Sonabala Barman Vs Smt. Ratna Sangma.
33. Further, the learned counsel for the defendants has relied upon the another ruling reported in AIR 2000 Supreme Court 735 in the case of Rameshwari Devi Vs Stte of Bihar and others, wherein, it is held that, the children born to deceased hindu employee from second wife taken during subsistence of first marriage are entitled to share in family pension and gratuity. The government can grant pensionary and other benefits after holding an enquiry about existence of second marriage.
34. I have gone through the judgment of the Hon'ble Apex Court. The judgment of the Hon'ble Apex Court is binding to the entire nation. As per the judgment of the Hon'ble Apex Court, the children born to the deceased i.e., Lakshminarayana through second wife during subsistence of the 1 st marriage are also entitled for pensionary benefit and gratuity.
35. Further, recently in the case of Union of India Vs Pankaj Kumar and Others in Civil Appeal No.1620/2022 dated 24.02.2022, wherein, Hon'ble Three Judges Bench have held that, 31 O.S.2243/2021 (P & SC No.92/2010) the compassionate appointment to a man cannot be denied on the ground of being the son of second wife of deceased employee. As it would violate the fundamental rights of the applicant and go against the dignity of his family. Further the Hon'ble Bench have held that, the policy cannot discriminated on a person only on the ground that descent by classifying children of the deceased employee as legitimate and unlegitimate and recognizing only the right of the legitimate descent. Further, the Hon'ble Bench have held that, the scheme and rulings of compassionate appointment cannot be violated the mandate of Article 14 of the Constitution of India. Once Sec.16 of the Hindu Marriage Act records a child born from a marriage entered into while the earlier marriage is subsisting to be legitimate, it would violate Article 14, if the policy or rulings excludes such a child from seeking the benefit of compassionate appointment.
36. So, as observed by the Hon'ble Apex Court, only on the ground that, a child born from the second marriage, is not a ground to deny his appointment on compassionate ground. In the instant case, PW.1 in her evidence at page-7 has admitted that, "I was working in "Silk Federation" for a period of 15 years. My son working as a faculty in "BGS Education Society", Bangalor. My son has completed M.Tech. My son is married". From this admission of PW.1, it shows that, both the plaintiffs are working and getting sufficient income and leading life. The 2 nd plaintiff has completed M.Tech and doing job, thereby leading standard life, as such, job is not required to the 2nd petitioner. Nowhere in the evidence, the plaintiffs have not stated or nowhere in the cross-examination, the plaintiffs have not elicited from the mouth of RW.1 that, her son is 32 O.S.2243/2021 (P & SC No.92/2010) an employed. In the instant case, the job is required to the defendant No.3 since his mother i.e., 1 st defendant is depending upon the income of the defendant No.3. If the concerned department has not allowed him to do the job as stated above, the second family of the deceased will come to the street. It is left to the department to consider it as per the judgment of the Hon'ble Apex Court.
37. Further, the learned counsel for the plaintiffs has vehemently argued that, the TC and other documents are all created by the defendants. If really, the documents are created by the defendants, the plaintiffs could have challenged the said documents before the competent authorities. Till today, the plaintiffs have not challenged the said documents except one TC. From the documents i.e., judgment and complaint, it discloses that, the 1st defendant is the second wife of deceased Lakshminarayana. Under the said circumstances, it cannot be said that, the documents of the defendants are created documents. So, I am of the opinion that, the petitioners / plaintiffs have proved that, the 1st petitioner / 1st plaintiff is the legally wedded wife of deceased Lakshminarayana. On the other hand, the 1st petitioner failed to prove that, she and her son i.e., petitioner Nos.1 and 2 are the only LRs of deceased Lakshminarayana. Accordingly, I answer issue Nos.1 to 3 are partly in the affirmative.
38. ISSUE NO.4: In view of my aforesaid discussions, I proceed to pass the following: -
33 O.S.2243/2021(P & SC No.92/2010) ORDER The suit / petition of the plaintiffs is decreed partly.
It is hereby declared that, the plaintiff No.1 is the legally wedded wife and the plaintiff No.2, respondent Nos.3 and 4 are the children of deceased Lakshminarayana.
Further, the petitioner No.1 being the legally wedded wife of deceased Lakshminarayana is entitled for family pension benefits.
The plaintiff Nos.1, 2 and defendant Nos.3 and 4 are equally entitled for the benefits of petition schedule items shown in the plaint except family pension benefit.
Draw the decree accordingly.
Office is directed to Issue succession certificate accordingly.
Send copy of this judgment to the defendant No.2 for necessary action.
(Dictated to the Stenographer, transcription computerised by her, corrected and then pronounced by me in the open court on this the 23 rd day of November 2022.) (SREENIVASA) I Addl. City Civil & Sessions Judge, Bengaluru.34 O.S.2243/2021
(P & SC No.92/2010) ANNEXURE WITNESSES EXAMINED ON BEHALF OF THE PLAINTIFFS:
PW.1 : Smt. B.Jayamma.
DOCUMENTS MARKED ON BEHALF OF THE PLAINTIFFS:
Ex.P.1 : Death certificate of Lakshminarayana.
Ex.P.2 : Certified copy of the ration card Ex.P.3 : Genealogy tree. Ex.P.4 : Service certificate dated 08.02.2010. Ex.P.5 : Representation dated 19.01.2010 given by
the plaintiff No.1 to the Inspector General of Police along with the documents. Ex.P.6 : Representation dated 18.01.2010 given by the plaintiff No.1 to the Inspector General of Police along with the documents requesting them for payment of the service benefits of deceased Lakshminarayana in their favour.
Ex.P.7 : Marriage invitation card of
Lakshminarayana and plaintiff Jayamma
solomnized on 25.06.1978.
Ex.P.8 : Certified copy of the voter ID card of plaintiff
B.Jayamma
Ex.P.9 : Certified copy of the voter ID of
Umashankar M.L.
Ex.P.10 : Evidence of Lakshminarayana in
M.C.No.1927/2003.
Ex.P.11 : Certified copy of the allotment of quarters
allotting quarter No.23/12 to
Lakshminarayana.
Ex.P.12 : Letter dated 29.12.2009 issued by
Jayamma to the Police Sub-inspector
requesting for service certificate.
35 O.S.2243/2021
(P & SC No.92/2010)
Ex.P.13 : Office order dated 07.01.2010 issued by the
Inspector General of Police directing the office to give the documents with service certificate.
Ex.P.14 Letter dated 09.02.2010 issued by Inspector General of Police to Jayamma and Vijayalakshmi informing them to submit the documents mentioned therein. Ex.P.15 : Insurance Policy of plaintiff Jayamma W/o.
Lakshminarayana.
Ex.P16 : Police notice dated 11.03.2010 to plaintiff
Jayamma informing her to vacate the
quarters as the her husband
Lakshminarayana died on 08.12.2009.
Ex.P.17 : Authorisation letter given by
Lakshminarayana authorising his wife
Jayamma to draw the NSC.
Ex.P.18 : Letter dated 27.12.1990 given by
Lakshminarayana to the Assistant
Executive Engineer to repair the quarters. Ex.P.19, 20 : Authorisation letters issued by & 21 Lakshminarayana authorising his wife Jayamma to draw the NSCs.
Ex.P.22 : Form-A Nomination for Karnataka Government Employees' Family Benefit Fund, wherein, deceased Lakshminarayana nominated his wife B.Jayamma.
Ex.P.23 : Progress report card of petitioner No.2 M.L.Umashankar Ex.P.24 : Intimation for obtaining voter ID. Ex.P.25 : No due certificate dated 01.04.2010 issued by BESCOM.
Ex.P.26 : Intimation letter issued by Police Inspector to the Police Commissioner dated 04.04.2010 informing about vacating the quarters on 01.04.2010.36 O.S.2243/2021
(P & SC No.92/2010) Ex.P.27 to : Photographs.
P.35
Ex.P.36 : CD.
Ex.P.37 to : Voter lists of Umashankar,
40 Lakshminarayana and Jayamma.
Ex.P.41 : Copy of photo.
Ex.P.42 : Copy of the patient slip.
Ex.P.43 to : Copies of medical prescriptions of
47 Lakshminarayana.
Ex.P.48 : Death certificate of Nanjamma
Ex.P.49 : Birth certificate of child of Vijayalakshmi.
Ex.P.50 to : KGID reminders.
53
Ex.P.54 : Agreement dated 15.03.1982 executed by
deceased Lakshminarayana
Ex.P.55 : Letter dated 15.05.2014 issued by the
office of the Deputy Police Commissioner
furnishing the documents to Jayamma
under RTI.
Ex.P.56 : Memo dated 13.05.2014 furnishing the
documents under RTC by the office of the
Deputy Police Commissioner to the RTI
Branch, South Office, Bengaluru City.
Ex.P.57 Letter dated 05.09.2012 given by Jayamma
to the Director, KGID claiming death claims of Lakshminarayana.
Ex.P.58 : Letter dated 01.10.2013 given by Jayamma to the KGID office requesting time to produce the succession certificate.
Ex.P.59 : 5 marriage and family photographs.
Ex.P.59(a) : Negatives of Ex.P.59. Ex.P.60 : Letter dated 24.04.2010 given by Jayamma
to the Inspector General of Police informing about vacating the quarters and given new 37 O.S.2243/2021 (P & SC No.92/2010) address of her.
Ex.P.61 : Forms of Nomination for GPF.
Ex.P.62 : Letter dated 05.08.1988 given by
Lakshminarayana to the
Mayanayakanahalli panchayath requesting for house demand register extract.
Ex.P.63 : Certified copy of the vakalath filed in Crl.Appeal No.2176/2005 Ex.P.64 : Letter dated 06.12.2010 given by plaintiff No.2 Umashanker M.L. along with Biodata and marks cards to the Inspector General Of Police requesting them to give employment of his father deceased Lakshminarayana on compassionate ground.
Ex.P.65 : Complaint given by plaintiff Jayamma to the PSI, Vijayanagar Police to take action against the respondents as they are cheating them.
Ex.P.65(a) : Postal receipt.
Ex.P.65(b) : Postal acknowledgement.
Ex.P.66 : Letter dated 07.06.2018 issued by the
BBMP to Vijayalakshmi
Ex.P.67 : Postal cover.
WITNESSES EXAMINED ON BEHALF OF THE
DEFENDANTS:
RW.1 : Sri.Manju B.L.
[
DOCUMENTS EXHIBITED ON BEHALF OF THE
DEFENDANTS:
Ex.R.1 : Ration card showing the names of
Lakshminarayana, Vijayalakshmi,
Ramegowda, Nanjamma, Sunanda,
38 O.S.2243/2021
(P & SC No.92/2010)
B.L.Varalakshmi and B.L.Manju.
Ex.R.2 : Family tree
Ex.R.3 : Death certificate of Lakshminarayana.
Ex.R.4 & 5 SSLC marks cards of Varalakshmi B.L. and
B.L.Manju.
Ex.R.6 : PUC marks card of Manju B.L.
Ex.R.7 : KGID bond.
Ex.R.8 : Service certificate dated 08.02.2010.
Ex.R.9 : Letter dated 09.02.2010 issued by Inspector
General of Police to Jayamma and
Vijayalakshmi informing them to submit the documents mentioned therein.
Ex.R.10 : Letter dated 14.05.2010 issued by the Inspector General of Police to respondent No.1 Vijayalakshmi Ex.R.11 : Letter given by Vijayalakshmi on 02.01.2010 to the Superintendent of Police requesting them to issue service certificate.
Ex.R.12 : Letter dated 19.04.2010 given by Vijayalakshmi to the Inspector General of Police requesting for employment on compassionate ground.
Ex.R.13 : Letter given by Vijayalakshmi on 08.09.2010 to the Inspector General and Director General of Police.
Ex.R.14 Letter dated 01.09.2010 issued by Addl.
Director General of Police to Vijayalakshmi. Ex.R.15 : Memo dated 07.01.2010 issued by Inspector General of Police Ex.R.16 : Letter dated 03.01.2010 given by Vijayalakshmi to the Inspector General of Police Ex.R.17 : Representation dated 19.01.2010 given by the respondent No.1 to the Inspector General of Police along with the documents.
39 O.S.2243/2021(P & SC No.92/2010) Ex.R.18 : Letter given by Manju B.L to the IGP Intelligence to issue acknowledgement under Arogya Bhagya Yogane.
Ex.R.19 : Birth certificate of the child born to Lakshminarayana and Vijayalakshmi on 19.08.1983.
Ex.R.20 : Birth certificate of the child born to Lakshminarayana and Vijayalakshmi on 16.10.1985.
Ex.R.21 : Certificate issued by the Medical officer dated 05.10.1985 about tubectomy operation undergone by Vijayalakshmi at the Urban Family Welfare Centre, Yeshwanthpur.
Ex.R.22 : Certificate issued by the Medical Officer about operation underwent by Vijayalakshmi w/o. Lakshminarayana.
Ex.R.23 : Sterilisation certificate issued by the medical officer.
Ex.R.24 : Death summary of Lakshminarayana issued by HOSMAT hospital.
Ex.R.25 : Certificate dated 16.01.2010 issued by HOSMAT Institute of Neurosciences.
Ex.R.26 : Application dated 19.09.1994 given by Lakshminarayana for claiming increment with enclosures to the department.
Ex.R.27 : Proficiency certificate in taking finger impressions issued to Lakshminarayana.
Ex.R.28 : Marriage invitation card of Varalakshmi B.L. with Ravikumar.
Ex.R.29 : Driving licence book of Late
Lakshminarayana.
Ex.R.30 : Ration card of Lakshminarayana.
Ex.R.31 : Address confirmation letter dated 19.02.2010. Ex.R.32 : Arogyabhagya Yojana Membership card of Lakshminarayana.
40 O.S.2243/2021
(P & SC No.92/2010)
Ex.R.33 : Death ceremony card of Late
Lakshminarayana.
Ex.R.34 : Aadhaar card of Vijayalakshmi
Ex.R.35 : Aadhaar card of Manju B.L.
Ex.R.36 & : Voter ID cards of Vijayalakshmi and Manju 37 B.L. Ex.R.38 : Certified copy of the judgment passed in C.C.No.7579/1995.
Ex.R.39 : Order passed in Crl.Misc.No.1899/1995. Ex.R.40 : Certified copy of the order sheet in Crl.Misc.No.97/2005.
Ex.R.41 : Certified copy of the order of the Hon'ble High Court of Karnataka in W.P.No.12590/2005 filed by Lakshminarayana against Jayamma.
Ex.R.42 : Condolence message sent by IGP on 08.12.2009 to the family members of Lakshminarayana.
Ex.R.43 : RTI application given by Manju B.L. to the Public Information Officer, KGID.
Ex.R.44 : Acknowledgement given by the KGID
Ex.R.44(a) : Postal cover.
Ex.R.45 : Photographs.
Ex.R.46 : CD.
Ex.R.47 Certified copy of the complaint in PCR
No.738/1997
Ex.R.48 : Certified copy of the judgment in
C.C.No.7466/1998.
Ex.R.49 : Certified copy of the deposition of PW.1
B.Jayamma in PCR NO.738/97 before III
ACMM.
Ex.R.50 : Deposition of PW.1 Jayamma in CC
No.7466/1998.
41 O.S.2243/2021
(P & SC No.92/2010)
Ex.R.51 : Certified copy of the written argument for
evidence before charge submitted by the
complainant Jayamma in C.C.No.7466/1998.
Ex.R.52 : Certified copy of the deposition of PW.4 B.Siddaiah in CC No.7466/1998 before III ACMM.
Ex.R.53 : Letter dated 27.06.2006 issued by Deputy Director, Department of Food and Civil Supplies, West Range to the III ACMM submitting the information about the ration card of Lakshminarayana.
Ex.R.54 : Assignment register in respect of ration card. Ex.R.55 : Letter given by the Head Master of Sri Raghavendra Kannadar Higher Primary School, Moodalapalya to the III ACMM Ex.R.56 & : Certified copies of the transfer certificates of 57 B.L.Manju Ex.R.58 & : Certified copies of the transfer certificates of 59 Varalakshmi B.L. Ex.R.60 : Certified copy of the register containing health information.
Ex.R.61 : Certified copy of the marriage invitation card
of Jayalakshmi @ Lakshmi with
Lakshminarayana.
Ex.R.62 : Certified copy of the statement of
B.Jayamma before the Police Inspector,
Vijayanagar PS.
Ex.R.63 : Letter dated 05.12.2016 issued by the
Deputy Police Commissioner, South Division to Manju B.L. Ex.R.64 : Certified copy of the complaint given by B.Jayamma before the Vijayanagar Police Station.
Ex.R.65 : Letter dated 07.12.2016 by the Police Sub inspector, Vijayanagar Police Station to the Deputy Registrar, Birth and Death Division 42 O.S.2243/2021 (P & SC No.92/2010) Ex.R.66 : Letter dated 28.12.2016 given by Joint Director, BBMP to the Vijayanagar PS furnishing details.
Ex.R.67 : Letter by Police Inspector, Vijayanagar PS to the Director, KGID.
Ex.R.68 : Letter dated 02.12.2017 given by Assistant Director, KGID to the Police Inspector, Vijayanagar PS. Ex.R.69 : KGID policy bond of Lakshminarayana. Ex.R.70 : Certified copy of the medical certificate furnished with KGID.
Ex.R.71 : Certified copy of the KGID bond of Lakshminarayana.
Ex.R.72 : KGID proposal form. Ex.R.73 : Certified copy of the KGID personal
statement of the proposer Lakshminarayana.
Ex.R.74 : Letter dated 11.01.2017 given by the Police Inspector, Vijayanagar PS to the Deputy Registrar, Birth and Deaths Division.
Ex.R.75 : Letter dated 31.01.2017 given by Joint Director, BBMP to the Police Inspector, Vijayanagar PS. Ex.R.76 : Certified copy of the KGID bond of Lakshminarayana.
Ex.R.77 & : Marks card of Varalakshmi and Manju. 78 Ex.R.79 to : Aadhaar cards of respondents.
81 Ex.R.82 : Certificate of birth of male child of Vijayalakshmi and Lakshminarayana.
Ex.R.83 & : Form of application for seeking information 84 under RTI and postal order.
Ex.R.85 Letter dated 20.07.2017 given by Manju B.L. to the Joint Director, Birth and Deaths, Bengaluru City.
43 O.S.2243/2021(P & SC No.92/2010) Ex.R.86 : Letter dated 09.08.2017 given by BBMP, Birth and Deaths to Manju B.L., giving information.
Ex.R.87 : Letter dated 17.03.2017 given by Joint Director, BBMP to the B.Jayamma.
Ex.R.88 Letter dated 01.03.2017 given by the office of the Director, Directorate of Economics and Statistics to the Joint Director, BBMP.
Ex.R.89 : Letter dated 15.02.2017 given by BBMP to the Director, Registrar of Birth.
Ex.R.90 : Letter given by B.Jayamma to the BBMP. Ex.R.91 & : Birth certificates of Manju B.L. and 92 Varalakshmi B.L. Ex.R.93 & : Proceedings in RRT (D) 41/2013-14.
94
Ex.R.95 Notice issued by the Tahasildar.
Ex.R.96 : Mutation register.
Ex.R.97 : Report submitted by the Village Accountant.
Ex.R.98 : Copy of the postal order.
Ex.R.99 : Letter given by KGID department to Manju
B.L.
Ex.R.100 : Copy of KGID bond.
Ex.R.101 : KGID endorsement.
Ex.R.102 : KGID medical test request letter.
Ex.103 : Certified copy of the KGID policy.
(SREENIVASA)
I Addl. City Civil & Sessions Judge,
Bengaluru.