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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.
Orissa High Court Cites 18 - Cited by 3 - P K Mohanty - Full Document

Smt. Ratnamma W/O Devendrappa ... vs Smt. Gurudevi on 26 August, 2014

Heard the counsel representing the respective parties. According to the appellant's counsel, there are no material evidence produced by the *1st plaintiff in support of her marriage with Devendrappa Jirlbhavi. Further, no cogent evidence is available on record. Even as on the date of the alleged marriage, she was a minor and both the courts below have committed an error in declaring that 1st plaintiff/1st respondent is the legally wedded wife of deceased Devendrappa and also erred in extending the monetary benefits to the 1st plaintiff. According to the counsel, it is a clear case of void marriage and plaintiffs are not entitled for benefits and before the trial court although they produced several documents to stand by their case that the marriage of 1st defendant was celebrated with Devendrappa Jirlbhavi, her entitlement and the nomination made in the name of 1st defendant Rathnamma in all the relevant documents and also service *Corrected vide court order dated 10.9.2014 7 records, the approach of the trial court as also the lower appellate court is without considering the material evidence on record. Accordingly, relying upon the decision in the case of Radhamma Vs Union of India & Ors - ILR 1999 KAR 3239, it is contended the names entered in the service records as nominee and also other policies do depict 1st defendant is the legally wedded wife of the deceased. Further, though there is no prayer seeking for a declaration, both the courts below proceeded to declare that the 1st plaintiff is the legally wedded wife of the deceased Devendrappa although she was a minor at that time and the marriage was void. Thus, he prays to set aside the order passed by the courts below and to dismiss the suit.
Karnataka High Court Cites 14 - Cited by 0 - Full Document
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