TMI Blog2009 (7) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... S.B. Sinha, J. Leave granted. 1. K.T. Subramanya (the deceased) was employed with Karnataka Power Corporation (for short, KPC ) at Linganamakki. He took four life insurance policies from Life Insurance Corporation of India being dated 13.1.1987, 16.2.1987, 31.3.1987, and 3.6.1988. Indisputably, therein he nominated Challamma, his mother as the beneficiary thereof. The first respondent is said to have entered into a wedlock with the deceased on 3.12.1984. Subramanya died on 22.9.1988. 2. Respondent Nos. 2 and 3 are said to be the sons of the deceased Subramanya and the first respondent herein. The respondents filed an application for grant of succession certificate in their favour in terms of Section 372 of the Indian Suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis thereof the application for grant of succession certificate filed by the respondents herein was allowed. 4. Appellant, aggrieved by and dissatisfied with the said judgment and order of the learned Civil Judge, preferred an appeal thereagainst in the court of District Judge, Shimoga which was marked as Misc. Appeal No. 52 of 1995. The said appeal was eventually transferred to the Court of Additional District Judge. By reason of a judgment and order dated 1.3.2004, the learned First Appellate Court opined that the appellant was entitled to 1/4th share in the estate of the deceased while upholding the judgment and order of the learned trial judge that the marriage by and between the deceased and the first respondent was valid and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India and also under group insurance while in service. Furthermore some documents were also brought on record to show that the deceased applied for allotment of a house as a married person. Appellant examined herself as D.W.1. An officer of the Life Insurance Corporation of India was also examined to prove the life insurance policies. 9. The question as to whether a valid marriage had taken place between the deceased Subramanya and the first respondent is essentially a question of fact. In arriving at a finding of fact indisputably the learned trial judge was not only entitled to analyze the evidences brought on record by the parties hereto so as to come to a conclusion as to whether all the ingredients of a valid marriage as contained i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the society of a man and woman as husband and wife goes a long way in establishing a valid marriage. In Tulsa v. Durghatiya [(2008) 4 SCC 520], this court held: 11. At this juncture reference may be made to Section 114 of the Evidence Act, 1872 (in short the Evidence Act ). The provision refers to common course of natural events, human conduct and private business. The court may presume the existence of any fact which it thinks likely to have occurred. Reading the provisions of Sections 50 and 114 of the Evidence Act together, it is clear that the act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of a particular case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tulsa (supra)] A heavy burden, thus, lies on the person who seeks to prove that no marriage has taken place. 11. There is another aspect of the matter which cannot be lost sight of. Section 39 of the Insurance Act, 1938 enables the holder of a policy, while effecting the same, to nominate a person to whom the money secured by the policy shall be paid in the event of his death. The effect of such nomination was considered by this Court in Vishin N. Khanchandani Anr. Vs. Vidya Lachmandas Khanchandani Anr. [(2000) 6 SCC 724] wherein the law has been laid down in the following terms: .The nomination only indicated the hand which was authorised to receive the amount on the payment of which the insurer got a valid discharge of it ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
