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KALYAN RAI SURANA
Dipamani Kalita – Appellant
Versus
State of Assam – Respondent
ORDER
Kalyan Rai Surana, J.—Heard Mr. M.K. Choudhury, learned senior counsel assisted by Mr. P. Bhardwaj, learned counsel for the petitioner. Also heard Mr. J. Handique, learned standing counsel for the respondent no.1, Mr. J.K. Goswami, learned Additional Senior Govt. Advocate appearing for the respondent nos.2, 3 and 4, Mr. R.K. Talukdar, learned standing counsel for the respondent no.5 and Mr. M.S. Ali, learned counsel for the respondent no.6.
2. The petitioner is the second wife of Late Sahabuddin Ahmed. Her husband had died in a road accident on 18.07.2017, leaving behind the petitioner with her 12 (twelve) years old son. At the time of his death, the husband of the petitioner was serving as Lat Mandal in the office of the Deputy Commissioner, Kamrup (Rural), Amingaon (respondent no.3). The petitioner is aggrieved by non-sanctioning of pension and other pensionary benefits on the death of her husband and accordingly, this writ petition has been filed under Article 226 of the Constitution of India.
3. The case projected by the petitioner is that her husband, during his lifetime, was married to the respondent no.6. Out of the said marriage, he had 2 (two) children, a son of 20 y
(1) Section 4 of Special Marriage Act does not save a second marriage contracted by a Mohammedan male.(2) Marriage of muslim man with an idol worshiper is neither valid nor a void marriage, but is me....
Section 4 of the Special Marriage Act does not save a second marriage contracted by a Mohammedan male– Petitioner, who is a Hindu had married her deceased husband, who was a Mohammedan, under the Spe....
Pension is a protected right under Article 300-A of the Constitution; denial of family pension to a legally wedded second wife without due process violates principles of natural justice.
A putative second wife, whose marriage to the deceased is void under the Hindu Marriage Act, is not entitled to family pension under the Pension Rules.
The court affirmed that under the Railway Services (Pension) Rules, a second wife is entitled to an equal share of family pension, notwithstanding the void status of her marriage under the Hindu Marr....
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....
Second wife from Scheduled Tribe with customary polygamy entitled to equal family pension share as Hindu Marriage Act inapplicable; CCS Pension Rules contemplate multiple widows.
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