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GAURI GODSE, G. S. PATEL
Firdous Mohammad Yunus Patel – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
G.S. Patel, J.
1. Rule. The Respondents waive service. By consent rule is made returnable forthwith and the Petition is taken up for hearing and final disposal.
2. This Writ Petition presents what is possibly an exceptional and, to our mind, a truly difficult situation. On the one hand there is a government policy for good and stated reason. On the other, there is a continuing tragedy that has befallen the widowed Petitioner, today about 42 years old.
3. The facts are these. The Petitioner, Firdous, was born in 1980. She took a Bachelor’s degree. She married one Mohammad Yunus Patel, a police constable in the service of the State of Maharashtra. They had two children from this marriage. Firdous was Mohammad’s second wife; he had a first wife, Raisa. In 2008, Mohammad and Raisa had a burn accident. Both were severely injured. Both succumbed to these injuries. Raisa died on 17th March 2008. Mohammad died a few days later, on 21st March 2008. Mohammad had three children by Raisa. These are now with their maternal uncle, Raisa’s brother.
4. The family performed Mohammad’s final rites. Then there was a settlement discussion and an agreement between Raisa’s brother (her children’s
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