IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BATTACHARYA, B.R.MADHUSUDHAN RAO
Mariyam Khatoon – Appellant
Versus
Anees Fatima – Respondent
JUDGMENT :
B.R.Madhusudhan Rao, J.
1. The Appeal arises of an order dated 10.08.2024 passed by Principal Family Court Cum XIII Additional Metropolitan Sessions Judge, Hyderabad, in O.P.No.11 of 2021 filed by the petitioner/appellant under Section 7(i)(d) of Family Court Act r/w Telangana Revised Pension Rules, 1980 for partition of the pension and pensionary benefits among the wives is dismissed.
2. The contentions of the appellant-petitioner and the respondent No.1-wife before the Family Court are as follows:
2.1. The appellant-petitioner is the legally wedded second wife and respondent No.1 is the first wife of Late Mohd. Abdul Jabbar Khan, and that Mohd. Abdul Jabbar Khan is a pensioner retired from Government of Andhra Pradesh, Department of Animal Husbandry, drawing Pension vide PPO No.AHD RR SP 000420 through State Bank of Hyderabad, Vanasthalipuram. During the life time of Mohd. Abdul Jabbar, all his service benefits were utilized for his personal use and requirements. Respondent No.2 has issued a letter No.19781/APPO/MKPT, dated 08.06.2020 to State Bank of Hyderabad, Vanasthalipuram to refund the monthly pension deposited in the account of Late Mohd. Abdul Jabbar for the period
A second marriage without government permission is invalid, affecting entitlement to pension benefits under family pension rules.
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.
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