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CHAKRADHARI SHARAN SINGH
Sunita Devi @ Ankush Kumari – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. Petitioner No. 1 Sunita Devi claims that her alias name is Ankush Kumari. In the present writ application, she asserts herself to be the second wife of late Gauri Shankar Prasad, who died in harness as a Sub-Inspector in Bihar Police. It has been claimed in the writ application that petitioners no. 2 and 3, who are minor children, are born out of the marriage between the petitioner no. 1 and late Gauri Shankar Prasad.
2. The Respondent No. 6 is, admittedly, the first wife of late Gauri Shankar Prasad. This writ petition has been filed seeking quashing of a communication dated 29.11.2018, issued by the Superintendent of Police, Katihar addressed to the District Provident Fund Officer, Katihar for payment of General Provident Fund amount in favour of Respondent No. 6, consequent upon death of the deceased employee.
3. The petitioners are seeking a direction from this Court, commanding the respondents to first consider the claim of the petitioners, who, it is stated, are wife and minor children of the deceased employee, and then issue an order afresh in accordance with law.
4. I have heard Mr. Ashhar Mustafa, learned counsel for the petitioners, Mr. N.H. Khan, SC-1 for the Sta
(1) Children of void marriage are legitimate for the purpose of inheritance of property of their ancestors. (2) Precedent – A case is only authority for what it actually decides and not what logicall....
Second marriage during subsisting first marriage is void; family pension under Railway rules payable only to legally wedded first wife, not shared with claimant from void marriage; succession certifi....
Under Section 16 of Hindu Succession Act, children born from both of his wives would be entitled to succeed to retiral benefits in equal shares.
A second wife cannot claim family pension benefits unless she can prove her legal marriage to the deceased employee, as the definition of 'widow' under the CCS (Pension) Rules, 1972, requires legal r....
Civil court decree declaring second wife legally wedded is binding for family pension entitlement under railway rules unless set aside; proportionate shares to eligible family members directed.
A second marriage during the subsistence of a first marriage is void, and nomination does not confer legal heir status.
A putative second wife, whose marriage to the deceased is void under the Hindu Marriage Act, is not entitled to family pension under the Pension Rules.
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