Case Note & Summary
The appellants, Smt. Uma (second wife) and her two daughters, filed an appeal under Section 384 of the Indian Succession Act, 1925, challenging the order dated 07.01.2020 passed by the Principal Civil Judge and JMFC, Hubballi, in P & SC No.12/2019, which dismissed their petition for grant of a succession certificate under Section 372 of the Act. The deceased, Nagappa Naganur, had married a first wife who could not conceive. With her consent, he solemnized a second marriage with petitioner No.1 (Smt. Uma), and from this marriage, two daughters (petitioners No.2 and 3) were born. The Probate Court dismissed the petition on the ground that the second marriage was void, thereby denying the succession certificate. The High Court, in its oral judgment delivered by Justice Hanchate Sanjeevkumar, held that the second marriage was valid as it was performed with the consent of the first wife due to her infertility. Consequently, the children born from the second marriage are legitimate and entitled to the deceased's estate. The court set aside the impugned order and allowed the petition, directing the grant of a succession certificate to the appellants.
Headnote
A) Succession Law - Succession Certificate - Entitlement of Second Wife and Children - Sections 372, 384 Indian Succession Act, 1925 - The appeal challenged the dismissal of a petition for succession certificate by the Probate Court on the ground that the second marriage was void. The High Court held that the second marriage was valid as it was solemnized with the consent of the first wife who could not conceive, and therefore the second wife and her children are entitled to the succession certificate. The court set aside the impugned order and allowed the petition. (Paras 1-5) B) Hindu Law - Validity of Second Marriage - Consent of First Wife - Customary Practice - The court considered the validity of a second marriage where the first wife consented due to infertility. The court held that such a marriage is valid and the children born from the second marriage are legitimate and entitled to inherit the deceased's estate. (Paras 3-5)
Issue of Consideration
Whether the second wife and her children are entitled to a succession certificate in respect of the deceased's estate, and whether the second marriage is valid under Hindu law when the first wife consented due to infertility.
Final Decision
The appeal is allowed. The impugned order dated 07.01.2020 passed in P & SC No.12/2019 by the Principal Civil Judge and JMFC, Hubballi, is set aside. The petition for grant of succession certificate is allowed.
Law Points
- Succession certificate
- second wife
- legitimacy of children
- consent of first wife
- Section 372 Indian Succession Act
- 1925
- Section 384 Indian Succession Act
