Pabitra Mohan Pradhan And Anr. vs Damayanti Pradhan on 19 June, 2002
In support of his contention, Mr. Sahu has relied upon the decision reported in AIR 1998 Karnataka 364, (Smt. Radhamma v. Union of India and Ors.), in which it has been held, on the basis of the facts of that case, that the order granting the succession certificate should not be interfered with unless factum of marriage is disputed. But in the instant case, the trial Court has relied upon the findings in the proceeding under Section 125, Cr.P.C. and also the voter list and it has been held by both the Courts below that the opposite party was the legally married wife of deceased Srinibas.