The court established that the entitlement to family pension benefits is governed by the Karnataka Government Servants (Family Pension) Rules, 1964, which prioritize the spouse and minor children of the deceased, and that prior legal admissions can affect claims in subsequent proceedings.

JUDGMENT

1. The present appeal is directed against the judgment and decree passed in O.S.No.7443/1996 on the file of Additional City Civil Judge, Bengaluru (CCH-10) dtd. 11/2/2008.

2. Parties are referred to as plaintiff and defendants for the sake of convenience as per their original ranking before the Trial court.

3. Plaintiff is the first wife of deceased H.N. Krishnamurthy, who was working as an employee in the office of Advocate General. Plaintiff claims that her marriage took place at Kaduru, Chikkamagaluru District on 13/5/1985. They lead a happy married life for some time and thereafter an account of differences, a petition for divorce was filed in M.C.No.389/1991. Said divorce petition came to be decreed expate on 6/4/1992. Plaintiff having come to know about the exparte decree, filed a miscellaneous petition No.13/1992 and the said miscellaneous petition was allowed and M.C.No.389/1991 was restored. Krishnamurthy who is the husband of plaintiff, died on 29/6/1996. As such, the miscellaneous petition was dismissed.

4. It is the contention of the plaintiff that since the miscellaneous petition was restored and divorce decree was set aside, she continued as legally wedded wife. Therefore, she is entitle for the retirement benefits and pension and other consequential benefits on account of death of her husband.

5. It is her case that defendants have no right and they are objecting for the claim made by the plaintiff and therefore, filed a suit.

6. In the suit, defendants Nos.1 and 2 appeared through Government Pleader, but failed to file written statement. Thereafter, defendant Nos.3 to 6 were impleaded, who are the alleged second wife and children and parents of Krishnamurthy. Among them, defendant Nos.3 and 5 filed the written statement contending that the marriage between plaintiff and Krishnamurthy no doubt took place, but subsequently, Krishnamurthy obtained decree of divorce and thereafter married defendant No.3 on 13/5/1992 and in the said marriage, on 20/9/1994 defendant No.4 was born. Therefore, they are also entitled for the retirement benefit of the deceased Krishnamurthy.

7. Rejoinder was filed by the plaintiff denying the fact of marriage of defendant No.3 with Krishnamurthy and birth of defendant No.4 in the said marriage and denied the share.

8. Based on the rival contentions, following issues are framed:

1. Whether the plaintiff is entitled to the pensionary benefits of her deceased husband H.N.Krishnamurthy to the exclusion of defendants 3 to 6?

2. Whether the defendants 3 to 6 prove that they are entitled to pensionary benefits of H.N.Krishnamurthy?

3. To what order or decree?

9. In order to prove the case of the plaintiff, plaintiff herself examined as P.W.1 and relied on three documents Exs.P.1 to P.3 comprising of printed marriage invitation as Ex.P.1, certified copy of the ordersheet in M.C.No.389/1991 as Ex.P.2 and the endorsement issued by first defendant as Ex.P.3.

10. On behalf of the defendants, two witnesses namely; Lalithamma and H.V. Nagappa were examined as D.Ws.1 and 2. Among them, Lalithamma is the defendant No.3 and H.V. Nagappa is the defendant No.5. They relied on 17 documents which were exhibited and marked as Exs.D.1 to 17 comprising of Certified copy of ordersheet in M.C.No.389/1991 as Ex.D.1, certified copy of judgment in M.C.No.389/1991 as Ex.D.2, certified copy of decree in M.C.No.389/1991 as Ex.D.3, certified copies of judgment in M.V.C.No.2535/1996 and M.V.C.No.3319/1996 as Ex.D.4, certified copies of statement of Girijamma as Ex.D.5, certified copies of statement of Lalithamma in M.V.C.No.2535/1996 and M.V.C.No.3319/1996 as Ex.D.7, Photograhs and its originals as Ex.D.8, Exs.D.8 (a) and D.9 (a), birth certificate of defendant No.4 as Ex.D.10, certified copy of certificate issued by defendant No.1 as Ex.D.11, certified copy of pay slip of deceased Krishnamurthy as Ex.D.12, two endorsements issued by defendant No.1 as Exs.D.13 and D.14, reply given by defendant No.1 as Ex.D.15, re