Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
..... – Appellant
Versus
.... – Respondent
JUDGMENT:
Vakiti Ramakrishna Reddy, J.
The present Appeal is preferred by the appellant who was arrayed as Respondent No.2 before the Family Court (hereinafter referred to as “the employer”), assailing the Order and Decree dated 05.06.2014 passed in F.C.O.P. No. 242 of 2011 on the file of Family Court, at Secunderabad, (hereinafter referred to as “the impugned order”). The said F.C.O.P. instituted by the Respondent No.1 herein (the original Petitioner), against the appellant and Respondent No.2 herein, seeking declaration and mandatory injunction, came to be allowed.
2. Heard Sri L.Ravichander learned senior counsel representing Sri Sarang J.Afzulpurkar, learned counsel appearing for the appellant, Sri M.Anand Kumar, learned counsel appearing for respondent No.1 and Sri R.Ranganathan, learned counsel appearing for respondent No.2.
3. For the sake of convenience, the parties shall hereinafter be referred to as they were arrayed before the Trial Court.
I. BRIEF FACTS:
4. The petitioner instituted F.C.O.P. No. 242 of 2011 under Section 7(1)(a) of the Family Courts Act, 1984 (for short “the Act, 1984”), seeking a declaration that she is the legally wedded wife of late Ch.Venkateshwara Rao (h
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.
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.
Denial of family pension cannot be justified without clear evidence of marriage validation, as admissions and supporting documentation must be duly considered.
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.
The legal point established is the entitlement of the legally wedded spouse to pensionary benefits under the applicable rules and the invalidity of nominations contrary to statutory provisions.
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....
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
