Vaishnu Devi vs Union of India - 2021 Supreme(J&K) 384

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 384

SANJEEV KUMAR
Vaishnu Devi – Appellant
Versus
Union of India – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Ms. Radha Sharma, Advocate
For the Respondent:Mr. Mohit Vaid, Advocate vice Mr. Parimoksh Seth, CGSC, Mr. R.K. Bhatia, Advocate

JUDGMENT :

Sanjeev Kumar, J.

1. Petitioner is mother of late Sepoy Tilak Raj Sharma of 39th Battalion CRPF, who attained martyrdom on 29th June, 2010, while fighting with Naxalites in District Narainpur of State of Chhattisgarh. She seeks indulgence of this Court to direct respondents 1 to 6 to pay only half of the total amount being given to respondent No.7, the wife of martyr Sepoy Tilak Raj Sharma on the ground that she is sole nominee appointed by the deceased. She prays for payment of rest half of the said amount to her being mother and Class-1 legal heir of the deceased under Hindu Succession act, 1956. Petitioner has also prayed for a direction to respondent No.7 to pay one half of the total amount so far received by her being widow and nominee of Late Tilak Raj Sharma. Respondent No.9 and 10 are State Bank of India Branches Ban Talab and Billawar in District Kathua, where the benefits payable on account of martyrdom of Shri Tilak Raj have been deposited and where the respondent No.7 is maintaining her account.

2. Briefly stated, the facts projected in the writ petition are that the petitioner is proud mother of Shaheed Tilak Raj, a Sepoy of 39th BN CRPF who sacrificed his life