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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Babita Devi, wife of late Binod Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Shree Chandrashekhar, J.
The appellant who was the writ petitioner is aggrieved of the order dated 11th November 2019 passed in WP(S) No.2838 of 2019.
2. On account of a dispute between the appellant and Nutan Kachhap with whom the husband of the appellant had solemnized second marriage, WP(S) No.2838 of 2019 was instituted by the appellant with a prayer for payment of death-cum-retiral benefits including gratuity with interest payable to her on death of her husband who died in a road accident on 2nd August 2017. It appears that in the proceeding of WP(S) No.2838 of 2019, it was brought to the notice of the Court that Ms. Anushka Kumari was born out of wedlock between Binod Kumar Singh and Nutan Kachhap and, accordingly, the writ Court approved the decision of the competent authority to pay pension and death-cum-retiral benefits to the appellant and Ms. Anushka Kumari.
3. It is this decision of the writ Court to which the appellant has taken exception to on the ground that the death-cum-retiral benefits accrued on death of her husband should be distributed equally amongst all legal heirs.
4. By an order dated 6th October 2021, I.A No.3712 of 2020 which was filed by the appellant
The right to pension as a vested entitlement necessitates recognition of only legitimate dependents for the disbursement of retiral benefits, irrespective of the existence of previous marital ties.
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....
(1) Children of void marriage are legitimate for the purpose of inheritance of property of their ancestors. (2) Precedent – A case is only authority for what it actually decides and not what logicall....
Point of la w: scheme of payment of pension in the order of priority to the members of the family is framed by the legislature keeping in mind the overall welfare of the family of deceased government....
Children born from void and voidable marriages are considered legitimate under Section 16 of the Hindu Marriage Act, and thus entitled to rights in the estate of their parents, including family pensi....
Under Section 16 of Hindu Succession Act, children born from both of his wives would be entitled to succeed to retiral benefits in equal shares.
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