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2023 Supreme(Kar) 610

PRASANNA B. VARALE, KRISHNA S DIXIT
Mahalakshmamma @ Mahalakshmi, W/o Late Nanjundaiah – Appellant
Versus
Secretary Department Of Rural Development And Panchayathraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MS.SHARMILA GOWDA M R., ADVOCATE FOR SRI. RAVINDRA M R., ADVOCATE
For the Respondent: SMT.NILOUFER AKBAR

JUDGMENT :

This appeal is directed against a learned Single Judge’s order dated 14.12.2022 whereby her W.P.No.33427/2016 (S-R) has been negatived. The prayer in the writ petition was for the quashment of a letter dated 1st & 3rd December of 2015 whereby her request for the sanctioning of Family Pension along with arrears was rejected on the ground that she was a espoused by the employee when the first marriage was subsisting.

2. Learned counsel for the appellant argues that even the second wife is entitled to Family Pension and therefore the impugned order is liable to be voided. Learned Additional Government Advocate appearing for the official respondents nos. 1 to 3 repels this contention pointing out the undisputed fact that appellant had contracted the marriage with the employee when his first marriage was subsisting.

3. Having heard the learned counsel for the parties and having perused the appeal papers, we decline indulgence in the matter broadly agreeing with the reasoning of the learned Single Judge that the appellant was not the legally wedded wife for the purpose of grant of Family Pension. It hardly needs to be stated that amongst Hindus monogamy is not only ideal but a le

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