Mr Manoj D. Shinde, Advocate for PetitionerMr Suraj v. Gundre
Legal Reasoning
1623.24crwp etc(2)(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1623 OF 2024Bhagyashri Wd/o Anil WaghmareVERSUSAnil s/o Machindra Waghmare, Since died, through his Mother As ANominee Sindhu Machindra Waghmare…..Mr Manoj D. Shinde, Advocate for PetitionerMr Suraj V. Gundre, Advocate for RespondentWITHCRIMINAL APPLICATION NO. 3367 OF 2025 IN WP/1623/2024Smt. Diksha w/o Anil Waghmare And AnotherVERSUSBhagyashri Anil Waghmare And Another…..Mr M. G. Kedar, Advocate for ApplicantsMr Manoj D. Shinde, Advocate for Respondent No.1Mr S. V. Gundre, Advocate for Respondent No.2WITHCRIMINAL WRIT PETITION NO. 2078 OF 2024Anil Machindra Waghmare, since died, thr. Sindhu MachindraWaghmare (mother)VERSUSBhagyashri Anil Waghmare…..Mr Suraj V. Gundre, Advocate for PetitionerMr Manoj D. Shinde, APP for Respondent/State ….. CORAM : SUSHIL M. GHODESWAR, J. RESERVED ON : 10 SEPTEMBER 2025 PRONOUNCED ON : 16 SEPTEMBER 2025
Decision
1623.24crwp etc(2)(2) ORDER :CRIMINAL APPLICATION NO.3367/20251.This is an application for addition of the applicants in thisapplication as a party respondents in Criminal Writ PetitionNo.1623/2024. 2.Having heard the submissions of the respective sides andfor the reasons stated in the application, the same is allowed andstands disposed of.3.Addition of the applicants in Criminal Writ PetitionNo.1623/2024 be carried out forthwith.CRIMINAL WRIT PETITION NO.1623/20244.Heard Mr Shinde learned Advocate for the Petitioner, MrGundre, learned Advocate for Respondent and learned Advocate MrKedar for the added respondents.5.The Petitioner has put forth prayer clauses (B), (C) and(D), which read as under :- 1623.24crwp etc(2)(3) (B)The impugned common order dated 21.08.2024 to theextent of Clause 3 and 4 passed on application below Exhibit 1and 83 in E.R. Petition No.26/2018 and Exhibit 1, 29 & 31 inPetition E.R. No.61/2022 passed by learned Judge, FamilyCourt, Latur may kindly be quash and set aside.(C)Pending hearing and final disposal of the present WritPetition grants stay to Clause No.3 and 4 passed on applicationbelow Exhibit 1 and 83 in E.R. Petition No.26/2018 and Exhibit1, 29 & 31 in Petition E.R. No.61/2022 passed by learnedJudge, Family Court, Latur.(D)During pendency of this Criminal Writ Petition theBranch managers of respective LIC Office mentioned in Clause3 and 4 of impugned order dated 21.08.2024 may kindly berestrained to disbursed the amount in favour of respondent.”6.According to the Petitioner, marriage between her and lateAnil Machindra Waghmare was solemnized on 05/02/2012. Since therelation between them were stained, the Petitioner had left company ofthe deceased Anil. On 24/12/2015, the Petitioner filed Applicationunder Section 125 of the Code of Criminal Procedure bearing PetitionNo.E.67/2017 before the learned Family Court, Latur for grant ofmaintenance. Vide its order dated 10/04/2018, the learned FamilyCourt granted maintenance of Rs.35,000/- p.m. to the Petitioner from 1623.24crwp etc(2)(4) the date of Application. Aggrieved by the said order, husband of thePetitioner (deceased Anil) filed Criminal Revision ApplicationNo.145/2018 before this Court, which was dismissed on 08/10/2021.7.Since the maintenance was not being regularly paid by thedeceased Anil, the Petitioner subsequently filed Petition bearing E.R.No.26/2018 under Section 128 of Code of Criminal Procedure forrecovery of maintenance of Rs.14,00,000/- for the period from24/02/2015 to 23/06/2018. Subsequently, the Petitioner had addedarrears of maintenance till December 2021 vide application belowExhibit 41 and 49. Thereafter, she filed another Petition bearing E.R.No.61/2022 for recovery of maintenance amount of Rs.4,20,000/- forthe period from January 2022 to December 2022.8.Another application below Exhibit 31 also came to befiled for recovery of amount of Rs.2,10,000/- for the period fromJanuary 2024 to June 2024. The Petitioner has precisely submittedthat, till the demise of her husband Anil, in both Petitions amount ofRs.35,00,000/- was due, out of which, deceased Anil had depositedRs.22,55,000/- against said recovery. Thus, the amount ofRs.6,65,000/- was due in E.R. No.26/2018 and amount ofRs.5,80,000/- was due in Petition No.E.R. No.61/2022 i.e. total 1623.24crwp etc(2)(5) amount of Rs.12,45,000/- was due and outstanding against deceasedAnil.9.The Petitioner further stated that, on 27/06/2023, herhusband Anil Waghmare expired. She came to know that there are fivelife insurance policies which her husband deceased Anil had obtainedfrom Life Insurance Corporation of India, wherein the Respondentherein (mother of deceased Anil) was nominee. Therefore, thePetitioner prayed for recovery of the amount of due maintenance ofRs. 6,30,000/- from the assured amount of life insurance policies inPetition bearing E.R. No.61/2022. The Petitioner also prayed forrestraining the Branch Manager of the Life Insurance Corporationfrom disbursing the remaining assured amount to anybody, tilldeciding the rights of legal heirs of deceased Anil. Vide the orderdated 20/07/2023, the Family Court, Latur restrained the BranchManagers of the respective Life Insurance Corporation Branches fromdisbursing the amount in favour of the nominee of deceased Anil.Therefore, the Respondent (mother of deceased Anil) preferredPetition bearing Criminal Writ Petition No.1809/2023 against the orderof the Family Court, dated 20/07/2024. However, on 19/06/2024, thisCourt decided the Writ Petition by directing the Family Court, Latur todecide pending application of Respondent herein. The Family Court, 1623.24crwp etc(2)(6) Latur, on 21/08/2024, allowed both the Petitions i.e. E.R. No.26/2018and E.R. No.61/2022 for recovery of maintenance amount and directedthe Branch Managers of respective Life Insurance CorporationBranches to disburse the amount according to the law, except amountof Rs.12,45,000/-, which was ordered to be transmitted in the name ofRegistrar of the Family Court. Therefore, the Petitioner hasapproached this Court with the aforesaid prayer clauses. 10.Learned Advocate Mr Shinde appearing for the Petitionersubmits that the impugned order dated 21/08/2024 to the extent ofClause 3 and 4 is illegal and in view of Section 39 of the InsuranceAct, 1938, it be held that the nominee can act like agent to receivemoney due under a life insurance policy, but he/she can not utilize thesame as the amount payable under policy becomes part of estate of theassured. He would further submit that there is no testamentarysuccession as deceased Anil has not executed any Will Deed until datein favour of the Respondent (mother). Therefore, the amount towardslife insurance policy will have to be paid as per the successioncertificate, which would be issued by the competent Civil Court, afterdeciding the rights of the parties. Learned Advocate for the Petitionerfurther submits that the amount of interest under policy claimed by the 1623.24crwp etc(2)(7) heirs of assured is in accordance with law of succession governing theparties. Therefore, the Family Court ought to have given direction tothe concerned Branch Managers of the Life Insurance Corporation todeposit entire amount before the Family Court. Therefore, he prayedfor grant of aforesaid prayers as per the prayer clauses.11.Mr Shinde, learned Advocate for the Petitioner also triedto justify his aforesaid reliefs on the basis of the judgments reported inSmt. Sarbati Devi and another Vs. Smt. Usha Devi, AIR 1984 SC346; Vishin N. Khanchandani and another Vs. Vidya LachmandasKhanchandani and another, 2000 AIR SCW 2932 and ChallammaVs. Tilaga and others, 2010 AIR SCW 121.12.Per contra, Mr Gundre, learned Advocate for theRespondent strongly opposes the petition. He submits that theproceedings as regards succession certificate, as well as for legal heirscertificate is pending before the Civil Court and till its decision, theamount as claimed by the Petitioner may not be directed to bedisbursed. He also submits that, prior to decision of the aforesaid asregards grant of succession certificate claimed by the Petitioner, thismatter be kept pending. 1623.24crwp etc(2)(8) 13.Through video conferencing, Mr Kedar, learnedAdvocate, who has filed an application for intervention on behalf ofSmt. Diksha Anil Waghmare, who is claiming to be the second wife ofthe deceased Anil, also appeared. He also reiterated the samesubmissions as made by the learned Advocate Mr Gundre forRespondent. 14.After considering the submissions made by the learnedAdvocates for the parties and the documents on record, it is pertinentto note here that the Petitioner had filed Petition No.E.R.61/2022 forrecovery of maintenance amount of Rs.4,20,000/- for the period fromJanuary 2022 to December 2022. Though there were five policies inthe name of her husband, the Petitioner came to know that her husbandAnil has nominated his mother as a nominee to receive the benefits ofsaid five policies. Therefore, the Petitioner filed an application belowExhibit 13 in Petition No.E.R. No.61/2022 for recovery of amount ofRs.6,30,000/- from the assured amount of policies and also forrestraining Branch Managers of the respective Life InsuranceCompany branches for disbursing the amount to anybody, till therights of legal heirs of Anil are decided. 1623.24crwp etc(2)(9) 15.Learned Family Court, Latur, vide its order dated20/07/2023 pleased to direct Branch Manager of the Life InsuranceCorporation, Branch Jeevanshri Building, having Branch CodeNo.951, not to disburse the insured/claim amount of policies bearingNo.999530403 and 999522829 to the nominee of deceased Anil.Likewise, the Family Court was also pleased to direct Branch Managerof Life Insurance Company having Branch Code No.934 for not todisburse the insured/claim amount of policies bearing Nos.925311233,925311234 and 924311235 to the nominee of the deceased Anil, tillfurther orders.16.It is case of the Petitioner that, thereafter, she also filed anapplication for succession certificate before the learned Civil JudgeSenior Division, Latur, in which, she has promptly disclosed that theRespondent Sau. Sindhu Machindra Waghmare (mother of DeceasedAnil) is also other legal heir apart from her. In another proceedings forlegal heirs certificate, she again disclosed the said Court that alongwithher, respondent Sau. Sindhu Machindra Waghmare is the legal heir andapparently prayed for grant of legal heir certificate. The saidproceedings are pending before the Civil Court and as such, theamount of policy and other property of deceased Anil shall bedisbursed to the legal heirs and successors as per the decision to be 1623.24crwp etc(2)(10) taken by it. The Life Insurance Corporation shall also be disbursingthe amount of the policies of the Deceased Anil as per the decision ofthe Civil Court competent to issue Succession Certificate. However,as already directed by the learned Family Court to deposit the arrearsof Maintenance of Rs.12,45,000/- (Rupees Twelve Lakh Forty FiveThousand only) from assured claim amount of Insurance Policy No.999530403 of deceased Anil Machindra Waghmare in the name ofRegistrar, Family Court, Latur, the said amount can be permitted to bewithdrawn by the Petitioner. 17.Though the learned Advocate for the Respondents arestrongly objecting for withdrawal of the aforesaid amount in favour ofthe Petitioner, however, there is no strong reason to object forwithdrawal of the said amount, as it is admittedly belonging to thePetitioner. The Petitioner, who is doing household work is unable tomaintain herself as such is waiting since long to receive herentitlement. Despite order passed by the Court, she is unable toreceive amount which is outstanding and due to her. The Respondentherein and newly added Respondent are not justified in creating hurdlein receiving the amount legally due to the Petitioner. Hence, Petitionerbe paid an amount of Rs.12,45,000/- (Rupees Twelve Lakh Forty Five 1623.24crwp etc(2)(11) Thousand only) deposited with the Registrar, Family Court, Latur asper the order of Family Court. 18.As regards the remaining amount of the policies, it isexpected from Life Insurance Corporation branch offices and perhapsmust be following the practice of directing the legal heirs of deceasedpolicy holder to obtain succession certificate from the competent CivilCourt before disbursing the policy amount of deceased policy holder.As noted earlier, the parties have already approached the CompetentCivil Court for getting the succession certificate, and therefore, afterreceiving such succession certificate, the Life Insurance Corporationshall be deciding the shares of the claimants. Thus, the Life InsuranceCorporation to disburse the remaining amount as per the successioncertificate to be issued by the competent Civil Court. 19.Thus, the present petition stands allowed in view of theaforesaid observations.20.No order as to costs.CRIMINAL WRIT PETITION NO.2078/202421.For the reasons stated above, the challenge sought by thePetitioner in this petition does no survive and accordingly, it is held 1623.24crwp etc(2)(12) that the Petitioner in this petition alone cannot be permitted towithdraw the entire amount of life insurance policies in the capacity ofnominee of the policies belonging to deceased Anil MachindraWaghmare. As stated earlier, remaining policy amount is to bedisbursed as per the orders passed by the Civil Court in successioncertificate proceedings. Hence, the instant criminal writ petitionstands dismissed.22.No order as to costs. [SUSHIL M. GHODESWAR, J.]sjk