Sharada Devi v. Sub Registrar (Births And Death) / Medical Officer Of Health And ORS

Mayur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19421 OF 2024 Sharada Devi

...Petitioner

Versus

Sub Registrar (births And Death) - Medical Officer Of Health And Ors

...Respondents

______________________________________________________ Mr. Satchit Bhogale, i/by Mr. Suyash More, for Petitioner. Mr. Vishal Shirke, for Respondent No. 1.

Mr. Chowdhari Moin, for Respondent No. 2.

Mr. G.N. Shenoy, for Respondent No. 3.

Ms. Kavita N. Solunke, Addl. G.P.

______________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ.

DATED : 16 October 2025 P.C.:- 1.

Heard learned counsel for the parties.

2.

After hearing the arguments for some time, learned counsel for the parties submit that this petition can be disposed of by the following agreed order :- A) The two death certificates dated 17th June 2020, showing the petitioner's name as the wife of deceased Shailendra Kumar Suman and the death certificate dated 16th October 2020, showing the name of second respondent's name as the wife of the deceased Shailendra Suman could be

kept in abeyance and will not be acted upon by any parties until the first respondent decides the matter after giving due opportunity of hearing to the petitioner and the second respondent ;

B) The first respondent shall hear the petitioner and the second respondent as well as any other parties that the first respondent may deem appropriate, including the third respondent if required, and take a decision on the claims made by the petitioner and the second respondent about their being the legally wedded wife of deceased Shailendra ; C) The first respondent should take a decision in the matter and communicate the same to a reasoned order to the petitioner and the second respondent as expeditiously as possible, and in any event, within six months from today. The principles of natural justice will have to be followed by the first respondent and the petitioner and second respondent are given liberty to produce necessary evidence in support of their respective claims to worship ;

3.

We clarify that we have not delved into the rival claims or contentions and therefore, all contentions of all parties are left open to be decided by the first respondent in the first instance.

4.

Nothing in this order or in the pending dispute before the first respondent will preclude the parties from filing a civil suit or taking out appropriate proceedings in respect of their respective claims.

5.

This petition is disposed of in the above terms without any cost order.

6.

All concerned to act on authenticated copy of this order.

(Advait M. Sethna, J) (M.S. Sonak, J.)