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R. M. CHHAYA, ACHINTYA MALLA BUJOR BARUA, SOUMITRA SAIKIA
Mustt Junufa Bibi, W/o. Late Tarif Uddin Ahmed – Appellant
Versus
Mustt Padma Begum @ Padma Bibi, W/o. Tarif Uddin Ahmed – Respondent
JUDGMENT :
A.M. Bujor Barua, J.
Heard Mr. Y.S. Mannan, learned counsel for the appellant Mustt Junufa Bibi. Also heard Mr. R.C. Saikia, learned counsel for the respondent No. 1 Mustt Padma Begum @ Padma Bibi, Ms. D. Borah, learned counsel for the respondents in the Health Department of the Government of Assam, Mr. A. Hassan, learned counsel for Accountant General, Assam, Ms. N. Sarma, learned counsel for the respondents in the Education Department as well as Mr. J.K. Goswami, learned additional senior Government Advocate for the respondents in the Pension Department. Further heard Mr. R.K.D. Choudhury, learned Dy.SGI for the authorities under the Union of India inasmuch as, in some of the matters where also the question referred is to be answered that the Union of India are respondents.
2. Junufa Bibi has instituted WA 160/2018 being aggrieved by the judgment and order dated 26.07.2017 in WP(C) No. 2182/2016. WP(C) No. 2182/2016 had been instituted by the respondent No. 1 Padma Begum @ Padma Bibi (hereinafter referred as Padma Begum) being aggrieved by the PPO No. 9011112044447 and GPO No. 11220444713 dated 30.09.2013 by which the appellant Junufa Bibi had been provided to be the bene
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Section 4 of the Special Marriage Act does not save a second marriage contracted by a Mohammedan male– Petitioner, who is a Hindu had married her deceased husband, who was a Mohammedan, under the Spe....
Pension is a protected right under Article 300-A of the Constitution; denial of family pension to a legally wedded second wife without due process violates principles of natural justice.
The court affirmed that under the Railway Services (Pension) Rules, a second wife is entitled to an equal share of family pension, notwithstanding the void status of her marriage under the Hindu Marr....
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.
The central legal point established in the judgment is that Regulation 38(6)(d) of the Pension Regulations, 2018 does not apply to Hindus due to the void nature of second marriages under the Hindu Ma....
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