Page No.# 1/3 GAHC010081532024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2185/2024 BIJAYA CHOUDHURY @ BIJAYA DEVI W/O- LATE KUMUD CH. CHOUDHURY, R/O- VILL.- BARPARA WARD NO. 22, NEAR NAMGHAR P.O. AND DISTRICT- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE REGISTRAR (BIRTH AND DEATH) JOINT DIRECTOR OF HEALTH SERVICE BONGAIGAON DISTRICT- BONGAIGAON ASSAM 3:ANJALI DEVI D/O- LATE SURENDRA CH. NATH R/O- VILL.- NARANGABORI P.O. AND P.S. BAGUAN DISTRICT- GOALPARA ASSAM PIN- 78312 Advocate for the Petitioner : MR H DAS, D BARUAH Advocate for the Respondent : SC, HEALTH, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER Date : 06.03.2026 Heard Shri H. Das, learned counsel for the petitioner. Also heard Ms. D. Borah, learned Standing Counsel, Health and Welfare Department for the respondent Nos. 1 and 2. 2. Though the respondent No.3 has been served, she has chosen not to contest the proceeding. 3. As per facts projected, the petitioner is the wife of one Kumud Ch. Choudhury, who had expired on 09.02.2024. It is contended that the said Kumud Ch. Choudhury, had earlier married the respondent No.3. However, there was a divorce proceeding which culminated in an order dated 13.11.2023 with declaration that the marriage with the respondent No.3 was a nullity. After the death of the husband on 09.02.2024, the petitioner had applied for a death certificate which was accordingly furnished on 12.03.2024. However, it appears that the respondent No.3 had also applied for a death certificate and on 05.04.2024 a death certificate has been issued containing the names of both the petitioner and the respondent No.3 as the wives of the deceased. 4. Shri H. Das, the learned counsel for the petitioner has submitted that by the decree dated 13.11.2003, passed in T.S. (D) No. 24 of 2000, passed by the learned District Judge, Bongaigaon, the marriage of the husband of the petitioner with the respondent No.3 was held to be nullity. The aforesaid decree not being put to further challenge the same has attained finality and there was no marital relationship of the husband of the petitioner and the respondent No.3. He accordingly submits that without considering the aforesaid facts which were raised by the petitioner in her objection, the impugned certificate dated 05.04.2024 has been issued. 5. On the other hand, Ms. D. Borah, the learned Standing Counsel has submitted that there is no restriction to apply for a death certificate and there were certain other materials including documents from which it could be deciphered that the respondent No.3 was also the wife. Page No.# 3/3 6. The petitioner has filed a rejoinder affidavit. 7. From the facts which emerge from the materials on record, the husband of the petitioner had earlier married the respondent No.3. However, the said marriage was dissolved by a decree dated 13.11.2003, passed by the competent Court and the said decree has not been put to any further challenge and had therefore attained finality. The husband has passed away long thereafter on 09.02.2024, and on such date, according to the opinion of this Court, there was no marital relationship of laid Kumud Ch. Choudhury with the respondent No.3. On the other hand, it is specifically averred in the writ petition that the deceased had in the meantime married the petitioner and in this regard the death certificate issued on 12.03.2024 also contains her name. 8. In the view of the aforesaid facts and circumstances and also the aspect that the respondent No.3 has chosen not to contest this case, the impugned certificate dated 05.04.2024 is interfered with and set aside. 11. Writ petition accordingly stands allowed. JUDGE Comparing Assistant