Punjab-Haryana High Court
Jasbir Kaur And Ors vs Sukhbir Kaur And Ors on 10 April, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:050947
Neutral Citation No.2024:PHHC:049207
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
219 RSA-5362-2016 (O&M)
Decided on :10.04.2024
JASBIR KAUR AND ORS .APPELLANTS
Versus
SUKHBIR KAUR AND ORS . . . RESPONDENTS
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
PRESENT: Mr. Mrinal Diwan, Advocate for
Mr. R. S. Manhas, Advocate for the appellant.
Ms. Rashika Bansal, Advocate for
Mr. Dheeraj Mahajan, Advocate
for respondents No. 1 to 3.
Mr. Rohit Ahuja, DAG, Punjab
for respondents No. 4 & 5.
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HARSIMRAN SINGH SETHI , J. (Oral)
1. The present appeal has been filed against the concurrent findings
recorded by the Courts below while granting the relief to the respondent-
plaintiff No. 2 & 3.
2. Certain facts needs to be mentioned for correct appreciation of
the issue in hand.
3. Sukhbir Kaur, Arshdeep Kaur and Sukhpal Singh filed a civil
suit claiming that service benefits in respect of service rendered by Jashpal
Singh son of Dilip Singh on the ground that Jashpal Singh had married
Sukhbir Kaur and out of said wedlock, two children namely, Arshdeep Kaur
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and Sukhpal Singh were born. The said suit was contested not only by State
but by one Jasbir Kaur, Mansimran Singh, Manpreet Kaur and Pavitar Punit
Singh on the ground that Jashpal Singh was already married to Jasbir Kaur
and hence, the second alleged marriage of Jashpal Singh with Sukhbir Kaur
is void and no relief can be granted to the respondent-plaintiffs.
4. The trial Court, on the basis of the evidence and the fact which
have come on record, allowed the suit qua respondents -plaintiffs No. 2 & 3
i.e. the children born out of the wedlock between Sukhbir Kaur and Jashpal
Singh to be entitled for the service benefit alongwith other appellants-
defendants i.e.Ist wife Jasbir Kaur his children born out of the wedlock with
Jaspal SIngh as well as and two children born out of the wedlock between
Sukhbir Kaur and Jashpal Singh i.e. Plaintiffs No. 2 & 3.
5. Feeling aggrieved against the said judgment and decree dated
24.12.2013 passed by the trial Court, two appeals were filed, one by State
and second one by Jasbir Kaur. Both the appeals have been dismissed by the
lower Appellate Court while passing judgment and decree dated 24.05.2016.
The said Judgments and decree of the Courts below are under challenge in
the present regular second appeal at the hand of the first wife Jasbir Kaur
and the children born out of the wedlock between Jashpal Singh and Jasbir
Kaur .
6. Learned counsel for the appellants submits that the judgments
and decree of the Courts below are perverse as nothing has come on record
to prove that Jashpal Singh was married to Sukhbir Kaur and respondents-
Plaintiff No. 2 & 3 were born out of the said wedlock hence, in the absence
of any cogent evidence, the service benefit in respect of service rendered by
Jashpal Singh, could not have been extended to respondents-plaintiff No. 2
& 3.
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7. Learned counsel for the respondent-plainiff submits that due
evidence was brought on record which have been taken into account by the
Courts below while granting the service benefit to respondents-plaintiffs No.
2 & 3, hence, the judgments and decree of the Courts below are liable to be
upheld.
8. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
9. The only argument which has been raised by the learned
counsel for the appellants is that there was no cogent evidence on record to
held that respondents-plaintiffs No. 2 & 3 were born out from the wedlock
between Jashpal Singh and Sukhbir Kaur. It may be noticed that the Courts
below have relied upon the birth certificates issued qua respondents-
plaintiffs No. 2 and 3 which shows that they were the children of Jashpal
Singh. Not only this, even the ration card which depicted the picture of
Jasphal Singh alongwith Sukhbir Kaur and two children, were brought on
record which has been relied upon by the Courts below to hold that
respondents-plaintiffs No. 2 & 3 were born out of the wedlock between
Jashpal Singh and Sukhbir Kaur.
10 Not only this, there were other documents which have been
discussed by the Courts below which have been relied upon to grant the
relief in favour of respondents-plaintiffs No. 2 & 3, defendants which has
been given in the impugned judgments and decree.
11 Learned counsel for the appellants-defendants has not been able
to rebut that those documents in any way were not sufficient to hold that
respondents-plaintiffs No. 2 & 3 were born out of the wedlock of Sukhbir
Kaur and Jashpal Singh. Sukhbir Kaur has been declined the service benefit
keeping in view the fact that marriage of Sukhbir Kaur and Jashpal Singh
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was void but children born out of the said void marriage have been granted
the benefit of service keeping in view the provisions of the Hindu Marriage
Act, 1955.
12. No other argument has been raised.
13. Hence, keeping in view the facts and circumstances of the
present case recorded herein before as no perversity in the judgment
impugned has been brought to the notice of this Court, no ground is made out
for interference in the present regular second appeal, hence the same stands
dismissed.
14. Pending civil miscellaneous application, if any, stands disposed
of.
(HARSIMRAN SINGH SETHI)
JUDGE
10.04.2024
Riya
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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