On Thursday, the Supreme Court issued an observation stating that allegations of bigamy or a second marriage should not be a factor of concern when determining the validity of a will. This statement came during the confirmation of orders from lower courts that had previously upheld the legitimacy of a will created by a man who had entered into a second marriage following a divorce.
A bench comprising Justices Abhay S Oka and Sanjay Karol emphasized that the will had been properly executed by the testator in the presence of witnesses while being of sound mind and of his own free will. The bench explicitly refrained from considering the allegations of second marriage and bigamy as relevant factors in the primary matter, which centered on the validity of the will.
This observation was made in connection with the dismissal of an appeal challenging a decision by the Madhya Pradesh High Court. The High Court had declined to entertain allegations of forgery and illegality regarding the will in question, which had been initiated by the former wife of the testator.
The Madhya Pradesh High Court had upheld a ruling by a Jabalpur civil court in a succession case, which had granted letters of administration in favor of the testator's second wife and her family. In considering the first wife's appeal against these decisions, the Supreme Court acknowledged the stringent requirements for validating a will, designed to prevent manipulation, especially since the testator/testatrix would no longer be available to testify about the circumstances of the will's creation.
However, the bench found no evidence suggesting that the deceased man was mentally unfit, under undue influence, or in suspicious circumstances when the will was executed. Consequently, the appeal was dismissed on the grounds of lacking merit.
The appellants were represented by Advocates Durgesh Thapa and Ashutosh Garg, with Meena Pradhan as their lead counsel. Advocates Sumeer Sodhi and Shreya Singh represented the respondents, led by Kamla Pradhan.
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TAGS: Supreme Court Will Validity Second Marriage Observations Dismissal of Appeal Allegations Sound Mind Judicial Decision.
