JUDGMENT :

Pradipta Ray, J. - One Durga Charan Maharana died in harness on June 15, 1996 while he was working as a lineman-B under Grid Corporation of Orissa. Kanaklata Maharana, the widow of Durga Charan Maharana, the present appellant, submitted claims before the concerned authority to receive death benefits like family pension, gratuity, provident fund etc. She also obtained a legal heir certificate from the Tahasildar, Khurda in support of her claim.

2. Shantilata Maharana and her son Sri Dukhabandhua Maharana, respondent Nos. 1 & 2 herein, put forward a claim before the authority that she was married to Durga Charan in 1973 and she is his first wife and that Dukhabandhu, respondent No. 1, was born out of the wedlock between her and Durga Charan. According to them, during subsistence of the first marriage with her, Durga Charan married Kanaklata and such second marriage being void, Kanaklata and her children cannot have any claim to any death benefit of Durga Charan.

3. As the dispute before the authorities remained unresolved, Shantilata and Dukhabandhu filed civil proceeding No. 268 of 1996 in the Family Court, Cuttack, for a declaration that Shantilata is the legally married wi