• Succession Certificate- review of High court Verdict

I am a 61yr old widow (unemployed &studied only upto 9th class). I got married 9 years ago in a temple and got the marriage registered as per Hindu marriage law. It was first marriage and my husband's second marriage (after his first wife's demise). Unfortunately my husband died in an accident within 9 months of our marriage. He was hospitalized for 3 months during which I spent all my savings on the hospital bills and whatever my parents left behind for my life's security. I later realized that he did not add my name in his list of nominations in such a short span. I do not have any children with him. However, He has two children from his first marriage. (Both of them were minors at the time of our marriage). Due to their uncle's instigation, they turned me out of my marital home, I had absolutely no money and nowhere to live after the demise of my parents. My aged brothers are supporting me for my livelihood.

I applied for a Hindu succession certificate in the trial court of Parli Vaijyanath (Beed Dist, Maharashtra) to claim my share of my deceased husband's final settlement amount and the accident claim. It has been 9 years of back and forth in this succession case. We got a positive judgement in the trial court, however, my step children along with their paternal uncle appealed with the district court and they won. I further appealed in the Aurangabad bench of Bombay High Court and my marriage certificate was rejected by both the district court and High court (single bench judge pronounced the verdict) because the opposite lawyer claimed that there was no sapthapadi marriage (traditional marriage). I have all supporting documents to prove my stand of traditional marriage (photos and temple receipt) because we got married in Karnataka. My registered marriage certificate has a witness signature from the opposite party (children's paternal uncle) who attends the court proceedings instead of them.

My question: 
If I apply for a review petition in the High court with the documentation I have, will I succeed or not? Within how many days from the judgement should I apply for a review? Please help.
Asked 8 years ago in Civil Law

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4 Answers

Seeing you case record I wonder why the high court rejected your claim. In the presence of marriage certificate the issue of Saptapadi Loses Its importance.

Since the high court has already passe any order whis ch is bad in law and there is no new material on record which can be highlighted once again filing Review petition in the same high court is not a good idea.

File an Appeal in Supreme Court.The information you have privded is enougn to get favoubalejudgment fromthe supreme court.

To file SLP in supreme court the time limit is 90 days though further delay can be condoned of the delay is properly explained.

All the nest.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Did you produce traditional marriage certificate before HC ..?

You should instead of review file appeal

3) you can file for review if you have discovered new facts which were not to your knowledge at time when order was passed

I

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You've to file review within 90 days.

Whether or not you'll succeed depends upon the merits of the case and commenting upon the same is not possible without perusing the documents of your case. Having said that, if the judgment was pronounced by the Ld. Single Judge in ignorance of certain vital fact, then you've a good ground for review.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

“Reviews” are entertained on grounds such as, “error apparent on face of record”— which may extend to include wrong assumption of evidence, wrong appreciation of facts when the actual reality is different.

‘Review’ is also entertained in special circumstances, but it is onerous on the applicant to convince the court that the judgement needs a review.

However, you can always file a review petition before the court that has delivered the judgement even if your petition is delayed, by filing accompanying ‘condone delay’ petitions. However, care should be taken to see that there should not have been any other further development which can render the review ineffective.

The limitation is Within 30 days from date of Lower court order but the high court considers the matter if the petitioner satisfy the court for delay to file the petition

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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