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HIMA KOHLI, B.VIJAYSEN REDDY
A. YASHODA, WARANGAL DIST – Appellant
Versus
A. RUKMINI, HYD – Respondent
JUDGMENT :
HIMA KOHLI, J.
1. This appeal has been preferred against the judgment dated 06.02.2013 passed by the Family Court, Secunderabad in F.C.O.P. No. 331 of 2009, preferred by the respondents No. 1 to 3.
2. Before the learned Family Court, the appellants herein were arrayed as respondents No. 2 and 3; respondents No. 1 to 3 were the petitioners and the respondent No. 4/Railways Department was arrayed as the respondent No. 1. The parties are hereinafter being referred to as they were arrayed in the OP filed before the learned Family Court.
3. The captioned OP was filed by the petitioners, for declaration, declaring them as the legal heirs of late A. Ram Das, who was working in the respondent No. 1/Railway Department till he expired on 12.10.2006. The petitioners had also prayed for issuance of directions to the respondent No. 1/Railway Department to release his pensionary and other service benefits in their favour. Petitioner No. 1 described herself as the wife and the petitioners No. 2 and 3 as the children of late A. Ram Das. The petitioners averred in the petition that the marriage of the petitioner No. 1 had taken place with late A. Ram Das on 25.05.1972, at Yadagirigutta, as p
Pension Benefits of - Legal heirs - Even if a Government servant has contracted a second marriage during subsistence of his first marriage, the children born out of such a second marriage would still....
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.
Point of Law : In the absence of any sanction in law, such action by a public authority like APDCL cannot be accepted to be legally valid.
Second marriage void without divorce from first spouse; benefits follow nomination and service records absent civil court declaration.
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....
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....
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