In a landmark judgment that underscores the supremacy of government-issued documents over religious certifications, the Bombay City Civil Court has resolved a 27-year-old property dispute by dismissing a woman's claim to be the legal heir of a deceased Mumbai panwala.
Court Delivers Verdict After Decades-Long Legal Battle
The court observed that a marriage certificate issued by competent state government authorities will always prevail over letters issued by priests when determining legal validity. The case centered around a Kandivli flat and involved competing claims between two women both asserting rights as the deceased man's wife.
Judge CS Datir delivered the decisive verdict, ending a legal struggle that began in 1998 when the plaintiff filed suit claiming to be the first wife of the Mazagaon-based panwala who died in 1996. The woman asserted she had married the man according to Hindu rites on April 7, 1971 and that two children were born from this union.
Documentary Evidence Proves Decisive in Court
The plaintiff's case relied primarily on a letter issued by a priest that purportedly confirmed the 1971 marriage ceremony. However, the court found this evidence insufficient, especially since the letter was obtained 27 years after the alleged marriage, just before filing the lawsuit in 1998.
Critical weaknesses in the plaintiff's case included the failure to examine either the priest or the five alleged witnesses in court. Furthermore, no photographs of the supposed 1971 marriage ceremony were submitted as evidence.
In contrast, the defendant presented compelling documentary proof, including a marriage certificate issued by the Sub-Registrar of Mumbai Suburban District dated January 7, 1983. This government-issued document was accompanied by corroborative photographs and evidence that the defendant had cohabited with the man during his lifetime and continued to reside in the disputed flat after his death.
Court's Reasoning and Final Judgment
Judge Datir stated in the judgment: "Needless to say that, plaintiff... has failed to prove that, she is the legally wedded wife of the deceased. By weighing the documents by the respective parties, the documents filed by the defendants shall prevail. The cardinal principle of preponderance of probability lies in favour of defendant... and not with the plaintiff... therefore, plaintiffs are not entitled the relief as sought."
The court answered all critical issues in the negative, including whether the plaintiff and her children qualified as legal heirs and whether they were entitled to declaration of rights and possession of the property. The ruling emphasized that registered marriage certificates from government authorities carry substantially greater evidential value than informal religious documents, especially when supported by additional proof like photographs and evidence of settled possession.
This judgment serves as an important precedent for similar property and inheritance disputes, clarifying the hierarchy of evidence in determining marital status and inheritance rights under Indian law.
