1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2789 OF 2008 Chandrakant Bhiku Jagtap ........ Petitioner versus Kishor Chandrakant Jagtap ........Respondent. Mr. Balasaheb Deshmukh adv. for the Petitioner Ms. Manjiri Parasnis for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 3rd November, 2009. P. C.: 1. The petitioner is original defendant against whom a suit has been filed by his son for partition and separate possession. The suit is of the year 1994 and after the evidence of the plaintiff was recorded, the defendants moved an application for impleadment of five children born to the defendant from the second wife. Perusal of the application for impleadment does not reveal as to when did the present petitioner divorced his first wife and married with the second wife. Unless and until the plaintiff demonstrates that the second marriage is valid and that the children begotten from that marriage are legitimate children, the children cannot claim any share in the joint family property though they would be entitled to claim the share in the separate property of their parents. In the 2 absence of specific pleadings in regard to the alleged divorce between the petitioner and the first wife and in view of the conspicuous silence in regard to the second marriage, it would not be appropriate to interfere with the impugned order in exercise of writ jurisdiction. The petitioner has failed to demonstrate that any prejudice would be caused either to the petitioner or his children for the reason that all the children are minor and the present petitioner himself would be representing the minor children. Thus in substance the interest of minor children is already represented by the present petitioner. In that view of the matter at this belated stage, I do not deem it appropriate to interfere with the order passed by the trial court. 2. In the result petition fails and is summarily dismissed. (A. P. Deshpande, J.)