A petition challenging a legal heir certificate was dismissed. The court observed that the petitioner failed to question her husband's second marriage earlier and found her approach repetitive and unacceptable for the writ to be entertained.
The writ petition was dismissed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.7686 of 2018
Mrs.Nirmala Devi W/o late A.C.Chinna Durai
.. Petitioner
-vs-
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records of the first respondent vide legal heir certificate No.Pa.Mu.7991/14/A1 dated 3.8.2014 issued in favour of third and fourth respondents and quash the same and direct the first respondent to issue a legal heir certificate in favour of the petitioner after verification of the records.
For Petitioner :: Mr.S.Sundar For Respondents :: Mr.S.N.Parthasarathy Government Advocate for R1 & 2
ORDER
This writ petition has been directed against the impugned order passed by the Tahsildar, Pollachi issuing the legal heirship certificate.
with A.C.Chinna Durai on 3.12.76, they had a daughter by name Priya. Since the factum of her husband's mental illness was suppressed at the time of marriage, the petitioner came to know about her husband's mental illness later. However, tolerating for about ten years, she lived with him. While so, one day, when the petitioner by inadvertence failed to administer proper medicine to her husband, his mental illness got aggravated. Subsequently, he was taken to hospital. In view of the aggravated problem/disease said to have been caused by the petitioner's negligence in not properly administering the medicine, she was thrown out of the matrimonial home. Since the fourth respondent and her husband were adamant and did not permit the petitioner to enter into her matrimonial house, she came to her parental home and lived separately for a long time. Her daughter was also taken care of by her brother and she was also given in marriage. When the matter stood as above, without the knowledge of the petitioner, her husband A.C.Chinna Durai got married and the second wife of A.C.Chinna Durai has also obtained a legal heirship certificate suppressing the true fact, which is liable to be cancelled. Therefore, the petitioner has come to this Court challenging the legal heirship certificate.
Sub Assistant Registrar
ss
To
+2cc to Mr.S.SUNDAR, Advocate, S.R.No. 24440
W.P.No.7686 of 2018
RJ(CO)
TR(17/04/2018)
2 issues framed by the court
Whether the writ petition challenging the legality of a legal heir certificate issued in favour of the petitioner's stepdaughter should be entertained when the petitioner failed to question the second
Whether the High Court can interfere with the issuance of a legal heir certificate when the petitioner has not taken remedies against the validity of the second marriage.
1 provisions across 1 enactments
Mrs. Nirmala Devi
The Tahsildar
The District Collector
Mrs. Bhanumathi
Mrs. Padmavathy
T. RAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
