Limitation act
Balaji Bakthavathsal
(Querist) 15 September 2020
This query is : Resolved
Dear Learned Lawyers,
A retired person from Army died in the year 1984. His wife predeceased in the year 1985. A fraudulent lady claiming as his second wife, in order to get his family pension, filed a suit in the civil court with the prayer to declare her as legally married second wife well after a lapse of 12 years i.e. in the year 1996. The court accepted her petition and decreed the suit declaring her as legal 2nd wife. Now my question is whether the acceptance of her petition by the court after around 12 years is valid ? Doesn’t it come under Limitation Act ? Need your clarification in this regard.
Thanks & Regards
Balaji
Rajendra K Goyal
(Expert) 15 September 2020
The decision of the court is valid / legal / maintainable till challenged and reversed by the higher court.
Advocate Bhartesh goyal
(Expert) 15 September 2020
If you or any body have grievance ofJudgment of civil court, can challenge it in higher court else judgment has validity and binding effect.
Dr J C Vashista
(Expert) 16 September 2020
Wife of ESM (Army personnel) is stated to have died in the year 1985 whereas the person (ESM) in the year 1984 died a year before her death, how do you say she pre-deceased her husband i.e., ex-serviceman ?
Dr J C Vashista
(Expert) 16 September 2020
What is the locus standi of another lady, who is stated to have proved to be wife of the ex-serviceman ?
Is there any casualty published and recorded in the sheet roll of the soldier qua her relation of wife?
Unbelievable.
Please recheck the facts of case.
J K Agrawal
(Expert) 16 September 2020
There is no limitation get declared one to be wife of some one. The limitation only starts when one challenge her status of wife. So in this case only limitation point is not helpful to you. Think over other aspects to challenge it.
venkatesh Rao
(Expert) 16 September 2020
You may appeal to the court competent to hear appeal against the said decree. But, as per the brief, it is not known what is your locus and whether you were made a party and you contested?.
Balaji Bakthavathsal
(Querist) 16 September 2020
Respected Dr. J C Vashista Ji,
I am extremely sorry for the typo error by mentioning that wife predeceased in 198 instead of 1975. Well, let me explain the facts in detail.
An ex-service man who retired from the Army left a will stating that he has rights in such and such town in such and such person's family. In that will there is no details about the property viz. its geographical location or boundaries or survey No.etc. It is a bogus will which got registered with the registration department. The lady who was in illicit relationship with the ex-serviceman, after his death, attempted to grab our property in the year 2007 which is in our possession and occupation and in which we are living till date. The fraudulent lady executed a Gift Settlement in favour of her son without our knowledge. When I started my own investigation, I came to know that the lady was having illicit relationship and in order to get family pension of the ex-ervice man since the legitimate wife already died, she fabricated documents and the suit filed by her in the court to declare her legally married to the ex-service man is one such. When I got the documents from the Military office, I came to know that she filed the suit in the year 1996 while the army person died in the year 1984. That is why I raised my doubt whether the Limitation Act will apply in this case or not ? Also, since I am being a third party, can I challenge the same in the court of law ?
Thanks for sparing your valuable time.
Isaac Gabriel
(Expert) 17 September 2020
Unbelievable post. The army would immediately settle the death benefits on the death to the legal heirs.
Rajendra K Goyal
(Expert) 17 September 2020
There is no question of previous limitation on which case was decided. It was decided and was not challenged.
Show all documents to some expert lawyer, discuss in detail for the steps to be taken.
P. Venu
(Expert) 04 October 2020
Which is the Court/Legal Forum involved?
Guest
(Expert) 04 October 2020
Mr.P.Venu What is your Question in this Query (Refer your Last Post ) Please explain your Question please. . P.Venu's Query is " Which is the Court/ Legal forum Involved " What is the meaning of it P.Venu could explain please
Guest
(Expert) 04 October 2020
Kind Attention Mr.Balaji the Querist . whether the department would have sanctioned the application of second wife with out any verification. Our Dr.J.C.Vashista is an Retired Army Personnel as well. Why Mr.Balaji is showing great interest against that lady now please ?. Well advised by Dr.J.C Vashista,, Advocates J.K.Agrawal . Rajendra K Goyal , Bhartesh Goyal and Isaac Gabriel.
Balaji Bakthavathsal
(Querist) 04 October 2020
I thank all the experts who have responded to my query. I came across that the question of applicability of law of limitation does not arise because fraud unravels everything rendering a fraudulent order void and non-existent. I just wanted to confirm whether the same is applicable to judgment / decree obtained fraudulently.
Thanks Mr. N.J.S. Rajkumar alias Narasimha. Yes, The lady who was having illicit relationship with the retired army person, obtained fake certificates by cheating/bribing revenue authorities, honourable court etc. and finally got the pension after a long fight. Regarding my interest in the case, the fraudulent lady attempted to grab our property which is registered in the name of my father (who is no more now) which is in our possession and occupation using fake documents. To show that her husband was the grandson of my grandfather, she tampered the records held at the Record Office. Since, I myself, a retired Defence Accounts Department person, I verified the sheet Roll of the army person and found entries relating to y family which were added well after the death of the army person which can be clearly seen. I discussed the issue with the concerned Record Officer who wished to hide the mistake that took place from his end, did not cooperate and refused to share the information by sparing certified copies of the documents. If you let me know your mail id, I can show the evidences which cannot be produced in the court as they are not certified copies. I hope that now you understand why I am interested.
P. Venu
(Expert) 04 October 2020
You are yet to inform as to which Court or Forum had given the decision. More specifically, is it the High Court or the Armed Forces Tribunal?
Guest
(Expert) 05 October 2020
Any case of Adultery or illicit relationship could be Legally objected only by the concerned husband or wife and no body else including the children.Even the Supreme Court had said Adultery can not be treated as criminal offence and it could be only an valid Legal ground for Divorce. In your case the First Legal wife is already no more and the second wife had been accepted as Legal Wife by the concerned Departments also. Unless and until she was an married lady already it can not be treated as illicit relationship. For the Property disputes show all the documents and evidences to an Local Good Advocate and discuss in detail and you could Legally Proceed basing on the Possibilities.
