In a significant ruling, the Orissa High Court has upheld a lower court's decision to grant a succession certificate to the mother and daughter of a deceased police officer, dismissing an appeal filed by a woman who claimed to be his legally wedded wife. The court found no fault in the 2016 order passed by a civil judge in Athagarh.
Court Upholds Lower Court's Prudent Approach
The bench of Justice S K Panigrahi delivered the judgment on November 29, which was subsequently uploaded on the court's website this Monday. The appeal was filed by Philisita Kujur, challenging the November 19, 2016 order of the Civil Judge (Senior Division) in Athagarh.
The original case pertained to the intestate succession of Kamal Lochan Badajena, an Assistant Sub-Inspector of Police posted in Balasore, concerning his pension and other service benefits. The civil court had allowed the application for a succession certificate in favour of Manasi Badajena (daughter) and Sukur Dei (mother).
The Core of the Dispute: A Claim of Marriage
During the trial, Manasi and Sukur Dei informed the court that Kamal Lochan was married to Sabita Badajena, who passed away in 1996, and that Manasi was their only child. They accused the appellant, Philisita Kujur, of impersonating the deceased Sabita. They stated that Philisita had fraudulently obtained a legal heir certificate in 2010, which was later cancelled by the authorities after verification.
Contesting this, Philisita Kujur maintained that she was indeed Sabita, also known as Sridevi. She claimed to have lived with Kamal Lochan as his wife since February 1988. She further alleged that the couple had adopted Manasi and even arranged her marriage, but that she (Philisita) was later driven out of the family home.
HC Praises Balanced Relief, Avoids Marital Status Quagmire
The High Court noted that the civil judge had wisely refrained from making a conclusive ruling on Philisita's marital status. The lower court had observed that complex issues involving identity, marriage validity, and allegations of impersonation could not be resolved in a summary proceeding under Section 372 of the Indian Succession Act.
Instead, the judge based the decision on the undisputed fact that Manasi and Sukur Dei were the deceased's daughter and mother. The court directed them to receive the succession certificate after executing an indemnity bond. This bond was intended to protect Philisita's interests should she eventually prove her claim in a proper civil suit.
Upholding this order, the High Court stated that the civil judge had "correctly refrained" from adjudicating the contentious marital dispute, which would require a full-fledged trial with cross-examination and detailed evidence. The HC added that the relief was "structured prudently" by balancing the rights of the undisputed heirs with necessary safeguards for the appellant.
With this dismissal, the succession certificate in favour of the late police officer's mother and daughter now stands confirmed, bringing a measure of closure to this protracted legal battle over his estate.
