P. KESHAVA RAO, J.

1. Heard the counsel for the appellant as well as the respondents.

2. The present appeal is filed by the appellant who is the petitioner in the Court below aggrieved by the orders passed in O.P.No.658 of 2006 dated 8.09.2011 on the file of the Court of Family Judge, Visakhapatnam in dismissing the petition filed under Section 7(1)(e) of the Family Court Act to declare the appellant herein as the legally wedded wife of one late D.Govinda Rao and for consequential relief that she is entitled to receive pension, family pension and medical benefits and all other emoluments payable by second respondent and first respondent is not entitled to any amounts.

3. Originally the appellant herein filed the above said petition to declare that she is the legally wedded wife of late Govinda Rao whose marriage was performed on 10.05.1985 according to the Hindu Customs and Rights at Visakhapatnam. They had no children. Late D. Govinda Rao was employed as Junior Engineer in the second respondent-Railway Department. Late D. Govinda Rao was a chronic diabetic patient, his leg was amputated below the knee and retired on medical grounds, on 11.11.2000. He executed all necessary documents for family pension nominating the appellant to receive the family pension and he expired on 5.10.2004. When the appellant approached the second respondent, she was surprised to receive a letter from the second respondent dated 26.10.2005 calling upon her to produce the succession certificate. She also said that the marriage between late D. Govinda Rao and the first respondent already ended in divorce and they were living separately since 1975-76. Her marriage with late D. Govinda Rao who belongs to Yadava caste was according to the caste customs. In those circumstances, she filed the petition claiming that she is entitled for the family pension and other retiral benefits from the second respondent-Railway Department and the first respondent is not entitled for any claim.

4. Per contra, the first respondent herein filed a counter denying the material averments made in the petition and contended inter alia that she is the legally wedded wife of late D. Govinda Rao. Their marriage was solemnized on 29.10.1976 as per the caste customs at Simhachalam, Visakhapatnam. Out of wedlock, they were blessed with two sons namely Ravi Kumar and Shanker Rao respectively. In the month of August, 1977 when the first respondent was pregnant with the second child, she was beaten up by late D.Govinda Rao and her mother and driven out of the house. Thereafter, she was living with her parents. She filed M.C.No.143 of 1978 for maintenance on the file of the Judicial Magistrate of First Class, Durg District, Bhilai. Where under, by orders dated 2.12.1981 maintenance was awarded at Rs.100/- for the first respondent and Rs.75/- per month each to her sons. Later, her husband filed petition in O.P.No.411 of 1995 for dissolution of marriage which was dismissed by orders dt. 3.10.1996 on merits. Aggrieved by the same, late D. Govinda Rao preferred an appeal in C.M.A.No.1552 of 1996 in this Court and the same was also dismissed on 07.06.2000. The same has become final. She also said that her deceased husband took voluntary retirement on 11.11.2000. Thereafter, he was paid the retiral benefits by second respondent and subsequently, on 5.10.2004 he died leaving behind the first respondent, and their two sons to succeed his estate. The first respondent applied for family pension on 13.10.2004 and got issued a legal notice on 14.03.2005 to respondents 2 and 3 claiming the pension and other benefits. Being the legally wedded wife, it is her specific case that she is entitled for family pension, medical bills and other emoluments from the respondents 2 and 3 and the marriage between the appellant and late D.Govinda Rao is null and void as her marriage with late D.Govinda Ro was subsisting.

5. The second respondent also filed a counter which was adopted by the third respondent, de