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ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
Rajni Rani – Appellant
Versus
State Of Up – Respondent
JUDGMENT :
1. Heard Sri Radha Kant Ojha, learned Senior Counsel for the appellant and Sri Siddharth Khare, learned counsel appearing on behalf of the opposite party.
2. This appeal arises out of an order passed by learned Single Judge in Writ-A No. 11483 of 2023 whereby the writ petition itself has been dismissed.
3. Facts of the case as have been noticed by learned Single Judge are that one Bhojraj Singh was an assistant teacher in Maharaja Tej Singh, Junior High School Aurandh, Vikash Khand Sultanganj, District Mainpuri. He superannuated on 30.06.2012 and later died on 02.10.2021. The petitioner/appellant came up with a case of payment of family pension on the ground that she has contracted marriage with late Bhojraj Singh and has been residing as such for the last several years. In order to put-forth its case, the petitioner-appellant contended that though Bhojraj Singh had initially contracted marriage with contesting private respondent Usha Devi but the marriage ultimately did not succeed and the marital parties parted ways. Proceeding under Section 125 Cr.P.C. had been initiated by Usha Devi in which a compromise was arrived at, as per which, the parties had separated. It was t
The main legal point established is that the marriage between the parties could not have been dissolved merely on the basis of a compromise allegedly entered into between the parties. The court empha....
Second wife married during first wife's lifetime eligible for pension nominee entry after first wife's death, given long cohabitation, family insistence, major heirs' no-objection, and no other claim....
The court established that a legally wedded wife retains her rights to pension and benefits over a subsequent marriage that is void under applicable marriage laws.
A second wife may be entitled to family pension under amended rules despite existing complications if the first marriage is legally dissolved.
A marriage is void if one party has a living spouse, and customary divorce must be proven to be legally recognized.
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) For Section 29(2) of Hindu Marriage Act, 1955 to be invoked, it has to be established by party relying on a custom that right of party was recognized by custom, to obtain dissolution of a Hindu m....
(1) In order to justify an exception to Section 13 of Hindu Marriage Act, 1955 within purview of Section 29(2), petitioner had to approach a civil court and establish by evidence that dissolution of ....
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