B.D. Agarwal, J.

1. A short but an important question of law involved in this Writ Appeal, is as to whether the second wife of a Mohammedan employee is entitled to any share in the family pension of her late husband. Having answered the issue in the negative by the learned Single Judge, the writ petitioner has challenged the judgment and order dated 23.03.2010, passed in W.P(C) No. 2450 of 2007.

2. We have heard the argument of Shri A.M. Mazumdar, learned senior counsel for the appellant/writ petitioner. The State of Assam (respondents No.1, 5 and 6) were represented by Sri B. Gogoi, Advocate; Agriculture Department (Respondents No.2 and 4) were represented by Sri C. Baruah, learned standing counsel-respondent No.7 i.e. the Branch Manager (sic) United Bank of India as well as the first wife of the deceased, Smti. Anwara Begum (Respondent No.8) did not turn up, despite being notified.

3. The facts in a narrow compass are that the appellant had married late Asoddar Ali Tapadar in the year 1971, during the subsistence of his marriage with the respondent No.8. As per pleadings in the writ petition, the deceased had eight children through the first wife and three children through t