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HARSIMRAN SINGH SETHI
Sudesh Saini – Appellant
Versus
Gian Kaur – Respondent
| Table of Content |
|---|
| 1. divorce and marriage status after appeals. (Para 3 , 4) |
| 2. claims for service benefits from deceased's marriage. (Para 5 , 6 , 7 , 9 , 10) |
| 3. filing appeals against service benefits claims. (Para 8 , 11) |
| 4. legal wedded status effects on benefits claims. (Para 15 , 17) |
| 5. validity of second marriage and its implications. (Para 18 , 19) |
| 6. risks of contracting second marriage during appeals. (Para 20 , 21) |
| 7. affirmation of lower court's decision. (Para 22) |
| 8. dispute over will and service benefits. (Para 23 , 24) |
| 9. dismissal of appeals and directive for service benefits. (Para 25 , 26) |
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
By this common order, three regular second appeals, the details of which have been given in heading, are being decided as the same arise out of the same judgment passed by the lower appellate court by which, the suit filed by the appellant herein i.e. Sudesh Saini has been dismissed, whereas the suit filed by the respondent-Daljit Kaur has been allowed.
2. Certain facts may be noticed for the correct appreciation of the issue in hand.
3. Gurdeep Singh son of Piara Singh, who was working as a Junior Engineer with BBMB, was initially married to Daljit
Children from alleged invalid marriages cannot claim pensionary benefits, and compassionate appointments require eligibility criteria fulfillment.
A divorced spouse is generally not entitled to benefits accrued from the deceased former husband, following divorce, according to established legal principles.
The court affirmed that a widow, despite her marriage being void due to the subsistence of the husband's first marriage, is entitled to compassionate appointment and benefits as the deceased's nomine....
Legal marriage must be substantiated by credible evidence; mere claims or nominations do not confer rights under succession laws.
Post-divorce, alimony obligations cease upon death, and the executor of the will has superior claim rights over the deceased's estate.
The reliance on additional evidence not properly admitted constitutes a reversible error, thus restoring the trial court's ruling on marital status and service benefits.
As per Section 7 of Hindu Marriage Act, 1955 a Hindu Marriage is considered to have been performed only upon completion of Saptapadi.
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