‘File response in plea for legal heir certificate for 2nd wife, kids’

CHENNAI: Justice R Subramanian directed the State government to file its response in a petition filed by a second wife of a deceased man for obtaining the legal heir certificates for her children.

The petitioner named D Yasodha, a resident of Kattankulathur, sought direction to set aside the order of Chengalpattu Tahsildar rejecting her application for the legal heir certificate. She claimed that she was the second wife of one Dharmaraj and sought legal certificates for the children born to her and Dharmaraj who died in 2021.

Since the Tahsildar rejected the application on the ground that the petitioner was the second wife to Dharmaraj, Yasodha approached the Madras HC for the issuance of the legal heirship certificate for her and her children.

According to Yasoda, as per the Hindu Marriages Act, one should marry a spouse who has a living partner. “In my case, I married Dharmaraj after the death of his first wife. Therefore, it is not against the Act and I am eligible to get the legal heirship certificate,” the petitioner argued.

Recording the submissions, the judge directed the state government to file its response and posted the matter for December 14.