1 TP-97 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Testamentary Petition No.97 of 2009 Laxmi Hanumant @ Hanmanta Kajeri .. .. Petitioner Ms.V. Nirmala Gopal for Petitioner. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 29th September, 2010 P.C. : 1.The Petitioner claims to be the second wife of the deceased Hanmanta Ananda Narsappa Kajeri, who has died intestate. The deceased s first wife is alive. She has not been divorced. She is the nominee in the records of the employer of the deceased, Central Railway. The deceased had an issue through his first marriage which is still subsisting. The son of the deceased murdered the deceased. He has disentitled himself to any part of the estate of the deceased. The first wife is stated to have left the deceased and gone away. However, since the deceased was not divorced and no decree of divorce is produced, she continues to be his legally wedded wife. 2 TP-97 2.Consequently, the marriage between the Petitioner and the deceased is a void marriage. The Petitioner is, therefore, not an heir and legal representative of the deceased. The Petitioner cannot succeed to the estate of the deceased. The Petitioner, therefore, cannot get the succession certificate. 3.The Petition is dismissed accordingly. (SMT.ROSHAN DALVI, J.)