State of Manipur represented by the Principal Secretary (Finance), Government of Manipur vs Elangbam Ongbi R. K. Jibanlata Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(Gau) 80

IN THE HIGH COURT OF GAUHATI
T. Nandakumar Singh and Ketulhou Meruno, JJ.
State of Manipur represented by the Principal Secretary (Finance), Government of Manipur - Appellants
Vs.
Smt. Elangbam Ongbi R.K. Jibanlata Devi and Ors. - Respondent
Civil Review Petition (J2) No. 01 of 2009
Decided On : 05.02.2010

Headnote:
Constitution of India, 1950 - Article 137 - Hindu Marriage Act, 1955 - Section 16(iii) ,11 and 5(1) - Hindu Succession Act, 1956 - Section 8, 10 and 16 - CCS (CCA) Rules, 1965 - Manipur Civil Services (Pension) Rules, 1977 - CCS (Pension) Rules, 1972 - Rule 54(7) - Respondent No. 3, according to her, married with on at her parental residence by performing ritual for marriage of Manipur Hindu and since then they setup their matrimonial house – Death of husband – Legal wife - Succession certificate – Decreed - Respondent No. 1, according to her, married with according to customary Hindu Law prevailing in State of Manipur and since then respondent No. 1, had been living in their matrimonial home and of their wedlock one son, namely died on due to illness leaving behind respondent No. 1 and respondent No. 2, as his legal heirs- Respondent No. 3, , filed Civil Suit being Matrimonial (Declaration) Suit No. for declaring her as the legally married wife of Late in the family Court, East - Respondent No. 3, Smt. Elangbam(O) Swapana Sinha, according to her, came to know about said judgment and decree of learned District Judge dated passed in Original (Succession) Suit No.for issuing succession certificate in favour of respondent No. 1 – Held, it is clear that there is an error apparent on face of record in passing the judgment and order dated passed in Matrimonial Appeal No. wherein and where-under this Court directed to prepare two PPOs (Pension Payment Orders) in infraction of relevant provisions of Pension Rules which has been discussed above that second wife is not entitled to family pension - It is also reiterated that in present review petition review petitioner/State Government has no objection to distribution of family pension of amongst the legal heirs - Court are of considered view that two Pension Payment Orders cannot be prepared on death in favour of his two wives and also that second wife is not entitled to family pension- However children of second marriage even though void shall be entitled to family pension - Accordingly, judgment and order dated passed in Matrimonial Appeal No. is modified to the extent that the Pension Payment Order should be prepared in name of the respondent No. 3 - Terms and conditions of the said agreement dated and would hand over half share of the family pension to respondent No. 1, and respondent No. 2, master or would deposit the half share in Bank Account of the respondent Nos. 1 and 2 whenever she receives the family pension - Respondent No. 3 shall inform respondent No. 1 before she receives family pension - Petition allowed.

JUDGMENT

T. Nandakumar Singh, J.

1. Heard Mr. S. Nepolean, learned Government Advocate appearing for the review petitioner as well as Mr. N. Ibotombi, learned Counsel appearing for the respondent Nos. 1 and 2 and Mr. M. Hemchandra, learned Counsel appearing for the respondent Nos. 3 to 5.

2. There is a chequered history in filing the present review petition and it is the second review petition filed by the review petitioner in respect of the same subject matter. The chequered history, sans unnecessary details, is noted.

3. One Elangbam Santakumar Singh was working as Section Officer Grade-I in the Office of the Chief Town Planner, Town Planning Department, Government of Manipur. The respondent No. 3, Smt. Elangbam(O) Swapana Sinha, according to her, married with Late E. Santakumar Singh on 24.2.1980 at her parental residence at Mathchowmohani, Agartala, Tripura by performing the ritual for marriage of Manipur Hindu and since then they setup their matrimonial house at Bamon Kampu, Imphal East District, Manipur, till E. Santkumar Singh died, i.e., 14.10.1995 and of their wedlock two sons, namely, Elangbam Sunny Singh (respondent No. 4) and Elngbam Vicky Singh (respondent No. 5) were born. The respondent No. 3, Smt. Elangbam(O) Swapana Sinha, is the only legally married wife of Late E. Santakumar Singh.

4. The respondent No. 1, Smt. Elangbam Ongbi R.K. Jibanlata Devi, according to her, married with Late E. Santakumar Singh on 8.4.1994 according to customary Hindu Law prevailing in the State of Manipur and since then the respondent No. 1, Smt. Elangbam Ongbi R.K. Jibanlata Devi, had been living in their matrimonial home at Bamon Kampu, Imphal East District, Manipur and of their wedlock one son, namely, Master Elangbam Pinky @ Winky was born. Late E. Santkumar Singh died on 14.10.1995 due to illness leaving behind the respondent No. 1, Smt. Elangbam Ongbi R.K. Jibnlata Devi and respondent No. 2, Master Elangbam Pinky @ Winky as his legal heirs.

5. After the death of E. Santakumar Singh, the respondent No. 1, Smt. Elangbam Ongbi R.K. Jibanlata Devi, filed a suit being original (succession) Suit No. 26 of 1996 for issuing succession certificate in respect of GPF, DCRG etc. of Late E. Santakumar Singh amounting to Rs. 1,04,567/-in favour as legal wife of Late E. Santakumr Singh in the Court of the District Judge, Manipur East, Imphal and the learned District Judge passed the judgment and decree dated 3.7.1997 in the said original (succession) Suit No. 26 of 1996 for issuing the succession certificate in favour of the respondent No. 1, Smt. Elangbam Ongbi R.K. Jibanlata Devi. After getting the said succession certificate, the respondent No. 1, Smt. Elangbam Ongbi R.K. Jibanlata Devi, had withdrawn the said amount of Rs. 1,04,567/-.

6. The respondent No. 3, Smt. Elangbam(O) Swapna Sinha, filed Civil Suit being Matrimonial (Declaration) Suit No. 90 of 2000 for declaring her as the legally married wife of Late E. Santakumar Singh in the family Court, Manipur East, Imphal. The respondent No. 3, Smt. Elangbam(O) Swapana Sinha, according to her, came to know about the said judgment and decree of the learned District Judge, Manipur East, Imphal dated 3.7.1997 passed in Original (Succession) Suit No. 26 of 1996 for issuing the succession certificate in favour of the respondent No. 1, Smt. Elangbam Ongbi R.K. Jibanlata Devi, only on 20.2.2002 when the respondent No. 1, Smt. Elangbam Ongbi R.K. Jibanlata Devi, filed written statement before the Family Court in connection with Matrimonial (Declaration) Suit No. 90 of 2000. The learned Family Court had finally disposed of the Matrimonial (Declaration) Suit No. 90 of 2000 vide judgment and decree dated 6.7.2002, thereby directing for preparation of 2 (two) PPO, i.e., two family pension books in respect of Late E. Santakumar Singh, one in the name of the respondent No. 1, Smt. Elangbam Ongbi R.K. Jibanlata Devi and another in the name of the respondent No. 3, Smt. Elangbam(O) Swapana Sinha.

7. The review pe

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2010 Supreme(Gau) 80

Cases Referred (5)