Bombay High Court
Bhagyashri Anil Waghmare vs Anil Machindra Waghmare Sinced Died ... on 16 September, 2025
2025:BHC-AUG:24791
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(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1623 OF 2024
Bhagyashri Wd/o Anil Waghmare
VERSUS
Anil s/o Machindra Waghmare, Since died, through his Mother As A
Nominee Sindhu Machindra Waghmare
.....
Mr Manoj D. Shinde, Advocate for Petitioner
Mr Suraj V. Gundre, Advocate for Respondent
WITH
CRIMINAL APPLICATION NO. 3367 OF 2025
IN WP/1623/2024
Smt. Diksha w/o Anil Waghmare And Another
VERSUS
Bhagyashri Anil Waghmare And Another
.....
Mr M. G. Kedar, Advocate for Applicants
Mr Manoj D. Shinde, Advocate for Respondent No.1
Mr S. V. Gundre, Advocate for Respondent No.2
WITH
CRIMINAL WRIT PETITION NO. 2078 OF 2024
Anil Machindra Waghmare, since died, thr. Sindhu Machindra
Waghmare (mother)
VERSUS
Bhagyashri Anil Waghmare
.....
Mr Suraj V. Gundre, Advocate for Petitioner
Mr Manoj D. Shinde, APP for Respondent/State
.....
CORAM : SUSHIL M. GHODESWAR, J.
RESERVED ON : 10 SEPTEMBER 2025
PRONOUNCED ON : 16 SEPTEMBER 2025
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(2)
ORDER :
CRIMINAL APPLICATION NO.3367/2025
1. This is an application for addition of the applicants in this
application as a party respondents in Criminal Writ Petition
No.1623/2024.
2. Having heard the submissions of the respective sides and
for the reasons stated in the application, the same is allowed and
stands disposed of.
3. Addition of the applicants in Criminal Writ Petition
No.1623/2024 be carried out forthwith.
CRIMINAL WRIT PETITION NO.1623/2024
4. Heard Mr Shinde learned Advocate for the Petitioner, Mr
Gundre, learned Advocate for Respondent and learned Advocate Mr
Kedar for the added respondents.
5. The Petitioner has put forth prayer clauses (B), (C) and
(D), which read as under :-
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(B) The impugned common order dated 21.08.2024 to the
extent of Clause 3 and 4 passed on application below Exhibit 1
and 83 in E.R. Petition No.26/2018 and Exhibit 1, 29 & 31 in
Petition E.R. No.61/2022 passed by learned Judge, Family
Court, Latur may kindly be quash and set aside.
(C) Pending hearing and final disposal of the present Writ
Petition grants stay to Clause No.3 and 4 passed on application
below Exhibit 1 and 83 in E.R. Petition No.26/2018 and Exhibit
1, 29 & 31 in Petition E.R. No.61/2022 passed by learned
Judge, Family Court, Latur.
(D) During pendency of this Criminal Writ Petition the
Branch managers of respective LIC Office mentioned in Clause
3 and 4 of impugned order dated 21.08.2024 may kindly be
restrained to disbursed the amount in favour of respondent."
6. According to the Petitioner, marriage between her and late
Anil Machindra Waghmare was solemnized on 05/02/2012. Since the
relation between them were stained, the Petitioner had left company of
the deceased Anil. On 24/12/2015, the Petitioner filed Application
under Section 125 of the Code of Criminal Procedure bearing Petition
No.E.67/2017 before the learned Family Court, Latur for grant of
maintenance. Vide its order dated 10/04/2018, the learned Family
Court granted maintenance of Rs.35,000/- p.m. to the Petitioner from
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the date of Application. Aggrieved by the said order, husband of the
Petitioner (deceased Anil) filed Criminal Revision Application
No.145/2018 before this Court, which was dismissed on 08/10/2021.
7. Since the maintenance was not being regularly paid by the
deceased Anil, the Petitioner subsequently filed Petition bearing E.R.
No.26/2018 under Section 128 of Code of Criminal Procedure for
recovery of maintenance of Rs.14,00,000/- for the period from
24/02/2015 to 23/06/2018. Subsequently, the Petitioner had added
arrears of maintenance till December 2021 vide application below
Exhibit 41 and 49. Thereafter, she filed another Petition bearing E.R.
No.61/2022 for recovery of maintenance amount of Rs.4,20,000/- for
the period from January 2022 to December 2022.
8. Another application below Exhibit 31 also came to be
filed for recovery of amount of Rs.2,10,000/- for the period from
January 2024 to June 2024. The Petitioner has precisely submitted
that, till the demise of her husband Anil, in both Petitions amount of
Rs.35,00,000/- was due, out of which, deceased Anil had deposited
Rs.22,55,000/- against said recovery. Thus, the amount of
Rs.6,65,000/- was due in E.R. No.26/2018 and amount of
Rs.5,80,000/- was due in Petition No.E.R. No.61/2022 i.e. total
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amount of Rs.12,45,000/- was due and outstanding against deceased
Anil.
9. The Petitioner further stated that, on 27/06/2023, her
husband Anil Waghmare expired. She came to know that there are five
life insurance policies which her husband deceased Anil had obtained
from Life Insurance Corporation of India, wherein the Respondent
herein (mother of deceased Anil) was nominee. Therefore, the
Petitioner prayed for recovery of the amount of due maintenance of
Rs. 6,30,000/- from the assured amount of life insurance policies in
Petition bearing E.R. No.61/2022. The Petitioner also prayed for
restraining the Branch Manager of the Life Insurance Corporation
from disbursing the remaining assured amount to anybody, till
deciding the rights of legal heirs of deceased Anil. Vide the order
dated 20/07/2023, the Family Court, Latur restrained the Branch
Managers of the respective Life Insurance Corporation Branches from
disbursing the amount in favour of the nominee of deceased Anil.
Therefore, the Respondent (mother of deceased Anil) preferred
Petition bearing Criminal Writ Petition No.1809/2023 against the order
of the Family Court, dated 20/07/2024. However, on 19/06/2024, this
Court decided the Writ Petition by directing the Family Court, Latur to
decide pending application of Respondent herein. The Family Court,
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Latur, on 21/08/2024, allowed both the Petitions i.e. E.R. No.26/2018
and E.R. No.61/2022 for recovery of maintenance amount and directed
the Branch Managers of respective Life Insurance Corporation
Branches to disburse the amount according to the law, except amount
of Rs.12,45,000/-, which was ordered to be transmitted in the name of
Registrar of the Family Court. Therefore, the Petitioner has
approached this Court with the aforesaid prayer clauses.
10. Learned Advocate Mr Shinde appearing for the Petitioner
submits that the impugned order dated 21/08/2024 to the extent of
Clause 3 and 4 is illegal and in view of Section 39 of the Insurance
Act, 1938, it be held that the nominee can act like agent to receive
money due under a life insurance policy, but he/she can not utilize the
same as the amount payable under policy becomes part of estate of the
assured. He would further submit that there is no testamentary
succession as deceased Anil has not executed any Will Deed until date
in favour of the Respondent (mother). Therefore, the amount towards
life insurance policy will have to be paid as per the succession
certificate, which would be issued by the competent Civil Court, after
deciding the rights of the parties. Learned Advocate for the Petitioner
further submits that the amount of interest under policy claimed by the
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heirs of assured is in accordance with law of succession governing the
parties. Therefore, the Family Court ought to have given direction to
the concerned Branch Managers of the Life Insurance Corporation to
deposit entire amount before the Family Court. Therefore, he prayed
for grant of aforesaid prayers as per the prayer clauses.
11. Mr Shinde, learned Advocate for the Petitioner also tried
to justify his aforesaid reliefs on the basis of the judgments reported in
Smt. Sarbati Devi and another Vs. Smt. Usha Devi, AIR 1984 SC
346; Vishin N. Khanchandani and another Vs. Vidya Lachmandas
Khanchandani and another, 2000 AIR SCW 2932 and Challamma
Vs. Tilaga and others, 2010 AIR SCW 121.
12. Per contra, Mr Gundre, learned Advocate for the
Respondent strongly opposes the petition. He submits that the
proceedings as regards succession certificate, as well as for legal heirs
certificate is pending before the Civil Court and till its decision, the
amount as claimed by the Petitioner may not be directed to be
disbursed. He also submits that, prior to decision of the aforesaid as
regards grant of succession certificate claimed by the Petitioner, this
matter be kept pending.
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13. Through video conferencing, Mr Kedar, learned
Advocate, who has filed an application for intervention on behalf of
Smt. Diksha Anil Waghmare, who is claiming to be the second wife of
the deceased Anil, also appeared. He also reiterated the same
submissions as made by the learned Advocate Mr Gundre for
Respondent.
14. After considering the submissions made by the learned
Advocates for the parties and the documents on record, it is pertinent
to note here that the Petitioner had filed Petition No.E.R.61/2022 for
recovery of maintenance amount of Rs.4,20,000/- for the period from
January 2022 to December 2022. Though there were five policies in
the name of her husband, the Petitioner came to know that her husband
Anil has nominated his mother as a nominee to receive the benefits of
said five policies. Therefore, the Petitioner filed an application below
Exhibit 13 in Petition No.E.R. No.61/2022 for recovery of amount of
Rs.6,30,000/- from the assured amount of policies and also for
restraining Branch Managers of the respective Life Insurance
Company branches for disbursing the amount to anybody, till the
rights of legal heirs of Anil are decided.
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15. Learned Family Court, Latur, vide its order dated
20/07/2023 pleased to direct Branch Manager of the Life Insurance
Corporation, Branch Jeevanshri Building, having Branch Code
No.951, not to disburse the insured/claim amount of policies bearing
No.999530403 and 999522829 to the nominee of deceased Anil.
Likewise, the Family Court was also pleased to direct Branch Manager
of Life Insurance Company having Branch Code No.934 for not to
disburse the insured/claim amount of policies bearing Nos.925311233,
925311234 and 924311235 to the nominee of the deceased Anil, till
further orders.
16. It is case of the Petitioner that, thereafter, she also filed an
application for succession certificate before the learned Civil Judge
Senior Division, Latur, in which, she has promptly disclosed that the
Respondent Sau. Sindhu Machindra Waghmare (mother of Deceased
Anil) is also other legal heir apart from her. In another proceedings for
legal heirs certificate, she again disclosed the said Court that alongwith
her, respondent Sau. Sindhu Machindra Waghmare is the legal heir and
apparently prayed for grant of legal heir certificate. The said
proceedings are pending before the Civil Court and as such, the
amount of policy and other property of deceased Anil shall be
disbursed to the legal heirs and successors as per the decision to be
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taken by it. The Life Insurance Corporation shall also be disbursing
the amount of the policies of the Deceased Anil as per the decision of
the Civil Court competent to issue Succession Certificate. However,
as already directed by the learned Family Court to deposit the arrears
of Maintenance of Rs.12,45,000/- (Rupees Twelve Lakh Forty Five
Thousand only) from assured claim amount of Insurance Policy No.
999530403 of deceased Anil Machindra Waghmare in the name of
Registrar, Family Court, Latur, the said amount can be permitted to be
withdrawn by the Petitioner.
17. Though the learned Advocate for the Respondents are
strongly objecting for withdrawal of the aforesaid amount in favour of
the Petitioner, however, there is no strong reason to object for
withdrawal of the said amount, as it is admittedly belonging to the
Petitioner. The Petitioner, who is doing household work is unable to
maintain herself as such is waiting since long to receive her
entitlement. Despite order passed by the Court, she is unable to
receive amount which is outstanding and due to her. The Respondent
herein and newly added Respondent are not justified in creating hurdle
in receiving the amount legally due to the Petitioner. Hence, Petitioner
be paid an amount of Rs.12,45,000/- (Rupees Twelve Lakh Forty Five
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Thousand only) deposited with the Registrar, Family Court, Latur as
per the order of Family Court.
18. As regards the remaining amount of the policies, it is
expected from Life Insurance Corporation branch offices and perhaps
must be following the practice of directing the legal heirs of deceased
policy holder to obtain succession certificate from the competent Civil
Court before disbursing the policy amount of deceased policy holder.
As noted earlier, the parties have already approached the Competent
Civil Court for getting the succession certificate, and therefore, after
receiving such succession certificate, the Life Insurance Corporation
shall be deciding the shares of the claimants. Thus, the Life Insurance
Corporation to disburse the remaining amount as per the succession
certificate to be issued by the competent Civil Court.
19. Thus, the present petition stands allowed in view of the
aforesaid observations.
20. No order as to costs.
CRIMINAL WRIT PETITION NO.2078/2024
21. For the reasons stated above, the challenge sought by the
Petitioner in this petition does no survive and accordingly, it is held
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that the Petitioner in this petition alone cannot be permitted to
withdraw the entire amount of life insurance policies in the capacity of
nominee of the policies belonging to deceased Anil Machindra
Waghmare. As stated earlier, remaining policy amount is to be
disbursed as per the orders passed by the Civil Court in succession
certificate proceedings. Hence, the instant criminal writ petition
stands dismissed.
22. No order as to costs.
[SUSHIL M. GHODESWAR, J.]
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