IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 OP(C).No. 1055 of 2010(O) ------------------------- AGAINST THE ORDER IN IA 2675/10 IN OS.6/2010 of II ADDL. DISTRICT COURT, TRIVANDRUM .................... PETITIONER/PETITIONER: -------------------- VIJAYAMBIKA , W/O.LATE MR.V.RAMACHANDRAN PILLAI @ RAMI V.PILLAI, DIRECTOR, M/S.R.P.HOSPITALITIES PVT LTD, RESIDING AT T.C.25/267, PADMAM, AMBUJAVILASAM ROAD, PULIMOODU,VANCHIYOOR VILLAGE, THRIUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT/PETITIONER: --------------- MANJUPRABHA PRASAD PILLAI RESIDING AT 2A, HEERA VELI MOUNT PALACE, KOWDIAR PO, THIRUVANANTHAPURAM AND PRESENTLY RESIDING AT 3160, CANYON OAKS, TERRACE, CHICO, CALIFORNIA, USA. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1055 of 2010 --------------------------------------- Dated this 08th day of December, 2010 JUDGMENT Defendant in O.S.No.6 of 2010 of the court of learned Additional District Judge-II, Thiruvananthapuram is the petitioner before me challenging Ext.P5, order on I.A.No.2675 of 2010 as per which petitioner challenged maintainability of the suit. Respondent, claiming to be the legally wedded wife of late Ramachandran Pillai filed an original petition in the court of learned Additional District Judge seeking letter of administration for the estate allegedly left behind by the deceased, invoking Sec.219 of the Indian Succession Act, 1925 (for short, “the Act”). Petitioner contended that respondent is not the legally wedded wife and claimed that status for herself. She claimed that petition under Sec.219 of the Act is not maintainable as the parties are Hindus governed by the Hindu Succession Act, 1956 (for short, “the Succession Act”). Further contention is that original petition is not maintainable in the District Judge as the matter has to go before Family Court under Sec.7 of the Family Courts Act. These contentions were sought to be raised as preliminary issues vide I.A.No.2675 of 2010. Petitioner prayed O.P(C).No.1055 of 2010 : 2 : that the application be allowed and the suit be dismissed. Learned Additional District Judge found in favour of maintainability of suit and dismissed I.A.No.2675 of 2010 vide Ext.P5, order. That order is under challenge. It is contended by learned counsel that original petition filed under Sec.219 of the Act was not maintainable and that at any rate no evidence was produced by respondent to show that she is the legally wedded wife. At any rate, the suit ought to have been filed in the Family Court. 2. On the question whether original petition was maintainable under Sec.219 of the Act, contention is based on the relevant provisions of the Act. It is contended that since parties are Hindus they ought to be governed by the Succession Act and not by the Act (Indian Succession Act). 3. Sec.219 of the Act refers to the power of court to grant letter of administration and states that if the deceased has died “intestate” and is not a person belonging to any of the classes referred to in Sec.218 (admittedly, Hindus do not come in that class) it is within the power of the court to grant letter of administration for the estate of deceased in the manner stated therein and to the persons referred to therein. Sec.4(b) of the O.P(C).No.1055 of 2010 : 3 : Succession Act deals with overriding effect of that Act in relation to other provisions of law. Sec.4(b) of the Succession Act says that any other law in force immediately before the commencement of the said Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in that Act. Grant of letter of administration is not governed by any of the provisions of the Succession Act and no such provision in the Succession Act is also pointed out before me. If that be so, in the matter of letter of administration even if the parties are Hindus, it is Sec.219 of the Act which shall apply and so far as there is no other provisions in the Succession Act dealing with the grant of letters of administration it cannot be said that Sec.219 is inconsistent with any of the provisions of the Succession Act and hence Sec.4(b) of the said Act provides any overriding effect on Sec.219 of the Act. Learned Additional District Judge has taken that view which in my view is correct and does not require interference. 4. Another argument advanced before the learned Additional District Judge is that the original petition ought to have been filed in the Family Court. Learned Additional District Judge observed that going by Sec.7 of the Family Court Act it is O.P(C).No.1055 of 2010 : 4 : not within the power of Family Court to grant letter of administration, I do not find reason to disagree. 5. Other contentions raised as to the status of the contestants vis-a-vis the deceased and entitlement of respondent to get letter of administration are matters which learned Additional District Judge has to decide after trial of the case. This petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-