Back
CHAKRADHARI SHARAN SINGH
Sunita Devi @ Ankush Kumari – Appellant
Versus
State of Bihar – Respondent
JUDGMENT (ORAL)
Chakradhari Sharan Singh, J.—Petitioner No. 1 Sunita Devi claims that her alias name is Ankush Kumari. In the present writ application, she asserts herself to be the second wife of late Gauri Shankar Prasad, who died in harness as a Sub-Inspector in Bihar Police. It has been claimed in the writ application that petitioners no. 2 and 3, who are minor children, are born out of the marriage between the petitioner no. 1 and late Gauri Shankar Prasad.
2. The Respondent No. 6 is, admittedly, the first wife of late Gauri Shankar Prasad. This writ petition has been filed seeking quashing of a communication dated 29.11.2018, issued by the Superintendent of Police, Katihar addressed to the District Provident Fund Officer, Katihar for payment of General Provident Fund amount in favour of Respondent No. 6, consequent upon death of the deceased employee.
3. The petitioners are seeking a direction from this Court, commanding the respondents to first consider the claim of the petitioners, who, it is stated, are wife and minor children of the deceased employee, and then issue an order afresh in accordance with law.
4. I have heard Mr. Ashhar Mustafa, learned counsel for the petitio
(1) Children of void marriage are legitimate for the purpose of inheritance of property of their ancestors. (2) Precedent – A case is only authority for what it actually decides and not what logicall....
Under Section 16 of Hindu Succession Act, children born from both of his wives would be entitled to succeed to retiral benefits in equal shares.
Second marriage during subsisting first marriage is void; family pension under Railway rules payable only to legally wedded first wife, not shared with claimant from void marriage; succession certifi....
The main legal point established in the judgment is the court's emphasis on achieving social justice and balancing the equities between the first and second wives in the dispute over family pension a....
A second wife cannot claim family pension benefits unless she can prove her legal marriage to the deceased employee, as the definition of 'widow' under the CCS (Pension) Rules, 1972, requires legal r....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
