MISCELLANEOUS APPEAL No.301 OF 2009 *** Against the judgment and order dated 30.05.2009 passed in Succession (Certificate) Case No.33/05 / Tr. No.1/09 by the Additional Sessions Judge, XIII, Patna. *** ZAKIA KHATOON wife of Late Syed Mahmood Alam, Resident of Mohalla- Tarni Pd. Lane, Ghasiyari Gali, P.S. Khajekalan, District- Patna …Petitioner/Appellant Versus 1. HAMIDA KHATOON divorced widow of Late Syed Mahmood Alam, daughter of Md. Tahir, Resident of village- Tarni Prasad Lane, Ghasiyari Gali, P.S. Khajekalan, District- Patna 2. Kausar Jahan wife Jawed Musa Khan, Resident of 3/1A Neel Madhav Sen Lane, Kolkata-1 …opposite party no. 5 & 6/Respondent 1st party 3. Nahid Parween daughter of Late Syed Mahmood Alam, wife of Md. Reyazuddin, resident of Lodi Katra, Bagh Kaloo Khan, P.S. Khajekalan, Patna City, District- Patna 4. Jahan Ara daughter of Late Syed Mahmood Alam 5. Quamar Alam 6. Tanweer Alam Both are sons of Syed Mahmood Alam All resident of Mohalla- Tarni Pd. Lane, Ghasiyari Gali, P.S. Khajekalan, District- Patna ……Opposite Parties 1 to 4/ Respondent 2nd party *** For the appellant : Mr. Abdul Manan Khan & Mr. Binay Kumar Bineet, Advocates For the respondents: Mr. Moinuddin Ahmad & Md. Md. Aslam Ansari, Advocates *** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *** Anajana Prakash, J. The appellant is aggrieved by the judgment and order dated 30.05.2009 passed in Succession (Certificate) Case No.33/05 / Tr. No.1/09 by the Additional District Judge, XIII, Patna, by which he has granted succession certificate in favour of both the parties. 2. The case of the appellant is that respondent no.1 herein was the divorced wife of the husband of the appellant and she had been divorced more 2 than forty years ago and, therefore, she had no right to succession. On the other hand, the respondent no.1 herein claims to be the legally married wife who, no doubt, was living separately but no effective divorce had been conducted between the two. 3. On going through the documents adduced on behalf of the parties, I find that there is an only oral statement that the respondent no.1 had been divorced. Certain documents such as voter’s list and ration card which were produced, wherein, the appellant was mentioned as wife along with the children of the second marriage does not conclusively prove that the respondent no.1 was not the wife of the deceased and it is only proof of the fact that the appellant was his wife without dislodging the claim of the respondent no.1. On the other hand, from the evidence adduced on behalf of the respondent no.1, I find that there is clear assertion that no divorce had ever taken place even though the parties were living separately. 4. In view of such, I see no merit in this appeal and the same is dismissed. (Anjana Prakash, J.) Patna High Court, Patna Dated the 7th December, 2010 NAFR/ JA/-