Allegations of 2nd marriage, bigamy not relevant in deciding validity of Will: SC
New Delhi, September 22
The Supreme Court has observed that allegations of second marriage and bigamy are not relevant in deciding the validity of the Will.
A bench of Justices Abhay S. Oka and Sanjay Karol made these observations as it heard a special leave petition filed against judgment of the Madhya Pradesh High Court where the HC had confirmed the order of the civil court upholding the validity of the Will.
“As far as the allegations of second marriage and bigamy are concerned, we refrain from entertaining such submissions as the same is not a relevant factor in deciding the main list, which is confined to the validity of the Will,” held the bench and dismissed the appeal saying that it is “bereft of any merit.”
The top court noted that the Will was duly executed by the testator in the presence of witnesses out of his free Will in a sound disposing state of mind and the same stands proven through the testimony of one of the attesting witnesses, who was examined by the civil court.
Further, this witness categorically stated that the testator executed the Will in question and both he and the testator signed the Will in the presence of each other.
“Since the validity of the Will stands proven according to settled principles of law, consequential benefits be disbursed accordingly,” ordered the Supreme Court.
