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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ARUN DEV CHOUDHURY
Dibya Lata Hazarika, W/O Late Bhaba Kanta Dutta – Appellant
Versus
Suranjana Senapati, Acs Director of Elementary Education – Respondent
JUDGMENT :
Arun Dev Choudhury, J.
1. Heard Mr. AFNU Mollah, learned counsel for the petitioner. Also heard Mr. SMT Chistie, learned counsel for the respondents.
2. The present contempt petition is filed alleging willful and deliberate non-compliance with the order dated 16.11.2023, passed in WP(C) No.3469/2022.
3. The aforesaid Writ Petition was filed by the first wife of Lt. Bhaba Kanta Dutta @ Bhaba Jyoti Dutta, a Government Servant, claiming family pension.
4. Such a family pension was not granted to the first wife on the grounds that the deceased Government Servant had nominated respondent No.9 (in the writ petition) as his wife in his service records.
5. Taking note of the provisions of Rule 143 of the Assam Services (Pension) Rules, 1969 and the Hindu Marriage Act, 1955, the learned Judge order dated 16.11.2023 concluded that it is the first wife who would be entitled to the payment of family pension as there cannot be any valid marriage during subsistence of the first marriage, for persons professing the hindu faith.
6. As there was a dispute as to whether the petitioner is the first wife of the deceased Government Servant, even though a Next of Kin Certificate has been annexed t
A consensual agreement on sharing family pension between the first wife and minor son is permissible, provided it adheres to statutory rules and does not confer independent rights upon the minor.
The eldest surviving widow is entitled to family pension as a trustee for all entitled parties, ensuring equitable distribution per the agreement between the wives.
In the absence of any special Rules to the contrary, the nominations referred to under Rule 143 of the Assam (Services) Pension Rules, 1969 will be applicable.
Point of Law : In the absence of any sanction in law, such action by a public authority like APDCL cannot be accepted to be legally valid.
On death of legally wedded wife, who is not survived by any child eligible to receive pension, share of family pension to her stream would not lapse, but would be payable to eligible children from ot....
The first wife is entitled to family pension under Hindu law, as a second marriage during subsistence is void, and any contrary affidavit cannot override her legal rights.
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