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IN THE HIGH COURT OF MANIPUR AT IMPHAL
D.KRISHNAKUMAR, GOLMEI GAIPHULSHILLU
Thokchom Manglembi Devi – Appellant
Versus
Thokchom (N) Phamdom (O) Nungshitombi Devi – Respondent
JUDGMENT :
Golmei Gaiphulshillu, J
[1] Heard Mr. M. Nicky, learned counsel appearing for the appellant and Mr. RK. Toma, learned counsel appearing for the respondents.
[2] The present appeal has been filed under Section 19 of the Family Courts’ Act, 1984 against the impugned judgment & order dated 06.11.2024 and the decree dated 13.11.2024 passed by the Ld. Family Court, Manipur at Lamphelpat, Imphal in Matrimonial (Declaration) Suit No. 20 of 2024 with the following prayer:
(i) To admit the appeal;
(ii) To call for the records from the Trial Court below;
(iii) To quash the impugned judgment & order dated 06.11.2024 and decree dated 13.11.2024 passed in Matrimonial (Declaration) Suit No. 20 of 2024 after hearing the parties;
(iv) To declare that the appellant is the unmarried daughter of late Thokchom Dhananjoy Singh and late Thokchom Ongbi Irai Devi;
(v) To pass appropriate order/direction as the Hon’ble Court deems fit and proper.
[3] Mr. M. Nicky, learned counsel appearing for the appellant submits that the appellant/plaintiff’s father namely, Thokchom Dhananjoy Singh was serving as an Ex-Technical Jugali of E.E. Water Supply Maintenance Divn. – I, PHED, Manipur and died on 02.10.2019 as
Relief not sought in pleadings cannot be granted; the Family Court's dismissal of the suit was excessive and unjustified based on the evidence presented.
Service Law – Family Pension - Family pension can be granted to divorced daughter in case where divorce proceedings have been filed in a competent Court during life time of employee – pensioner and d....
Pension benefits cannot be adjudicated through writ jurisdiction in the presence of competing marriage claims; a definitive legal spouse must be established in civil court settings.
In the absence of any special Rules to the contrary, the nominations referred to under Rule 143 of the Assam (Services) Pension Rules, 1969 will be applicable.
Family pension eligibility is determined strictly by birth order among dependents, not by relinquishment rights.
The legal effect of nominations in service records does not confer ownership or override the legal marital status established, as jurisdiction of Family Court extends to marital conflict resolutions.
The jurisdiction of civil courts is limited where a Family Court has been established, barring civil suits concerning marital status declarations.
Divorced daughters are entitled to family pension similar to unmarried daughters, emphasizing dependency and socio-economic justice rather than strict adherence to employment status.
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