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Showing contexts for: parivar register in Smt. Besaru Alias Balsaru vs Bhago Devi on 16 March, 2018Matching Fragments
9. Learned trial Court vide its judgment and decree dated 01.12.2005 decreed the suit of the plaintiff. It was held by the learned trial Court that plaintiff had placed on record copy of parivar register of Ganga Ram Ext. PW2/A pertaining to the year 1978 in which Bhago Devi was reflected as wife of .
Ganga Ram. It further held that plaintiff had also placed on record death certificate of Phulgi Ram which demonstrated that Phulgi Ram had died on 01.07.1980. It further held that plaintiff had also placed reliance on copy of parivar register of Phulgi Ram Ext. PW6/A in which there was no entry of wife of Phulgi Ram. Learned trial Court further held that Ext. P-2, copy of parivar register of Ganga Ram, demonstrated that Bhago Devi was reflected as wife of Ganga Ram and Krishna Devi as daughter of Ganga Ram. It further held that the statement of PW4 Somlata Sharma, who had produced record of Zonal Hospital, Kullu proved that out of wedlock of Ganga Ram and Bhago Devi, second child was born on 18.08.1972 which was so recorded at serial No. 40 in Ext. PW4/A. It further held that factum of defendant being wife of Ganga Ram also stood admitted by defendant in para 2 of the written statement. Learned trial Court also held that though defendant claimed herself to be the wife of Phulgi Ram, but no evidence was led to substantiate the same as is required under Section 50 of the Evidence Act. It further held that as defendant had failed to prove on record that she was wife of Phulgi Ram and after his death, she became his widow and thus inherited the estate of Phulgi Ram and as such, revenue .
alleged. The documents as mentioned in this para are concocted one and denied to be correct."
14. Ext. PW3/A is the death certificate of Phulgi Ram which demonstrates that Phulgi Ram died on 01.07.1980.
Ext. PW4/A is the copy of birth certificate which demonstrates that a female child was born on 18.8.1972 at Maasna and name of father as mentioned therein is Ganga Ram. Ext. P-2 is the copy of parivar register of Ganga Ram, in which, Bhago Devi is reflected as his wife and Krishna Devi is reflected as his daughter and the age of Krishna Devi is shown as 30 years and this certificate is issued on 30.07.2004. Similarly, Ext. P-3 is the copy of parivar register of Mohan Singh, which demonstrates that plaintiff Besaru Devi was the widow of Mohan Singh. In her statement in the Court as DW1, in the examination-in-chief, defendant had stated that she never married Ganga Ram and no daughter named Krishna Devi was born out of said wedlock. Smt. Som Lata Sharma, official from Zonal Hospital, Kullu, who entered the witness box as PW4 produced in the Court the relevant record, which as per her statement in the Court pertained to birth of a girl child on 18.8.1972 to Ganga Ram s/o Uttam Ram, resident of village Maasna, Tehsil and District Kullu .
Similarly, Ext. PW2/A, the copy of parivar register of Ganga Ram demonstrates that name of Bhago Devi is mentioned therein as his wife and Krishna Devi is entered as his daughter. Incidentally, this parivar register pertained to the year 1978. That being so, it is but obvious that it was Krishna Devi who was born somewhere in the year 1972 and Bhago Devi stood married to Ganga Ram as at the time of birth of Krishna Devi. Ext. P-2, which is again a copy of parivar register of Ganga Ram, which was issued in the year 2004 again reflects Bhago Devi to be his wife and Krishna Devi to be his daughter, aged 30 years. All these documents as well .
Similarly, death certificate of Phulgi Ram has also been placed on record by the plaintiff, as per which, Phulgi Ram died on 01.07.1980. In the parivar register of Phulgi Ram, copy of which is Ext. PW6/A, also there was no entry of wife of Phulgi Ram. Besides parivar register Ext. P-2 reflects defendant to be wife of Ganga Ram and Krishna to be daughter of Ganga Ram. As far as Ext. PW1/B is concerned which is an order passed by Sub Divisional Collector, Sadar, Mandi, though memo of parties mention Bhago Devi to be wife of Phulgi Ram, but then it is not as if the plaintiff was party to the said proceedings and this decision is also dated 5.12.2004. Thus, there was no evidence worth its name placed on record by the defendant before the learned trial Court from which it could be adduced or inferred that Bhago Devi was married to Phulgi Ram. The findings to the contrary .