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2022 Supreme(Online)(KER) 54368

HIGH COURT OF KERALA
K VINOD CHANDRAN, C. JAYACHANDRAN, JJ
RADHAMONY, – Appellant
Versus
SRI.VIMALAN.N., – Respondent


Advocates:
K.P.SATHEESAN (SR.), SRI.P.MOHANDAS (ERNAKULAM), SRI.S.VIBHEESHANAN, SRI.K.SUDHINKUMAR, SRI.C.A.NAVAS, SRI.T.K.SASIKUMAR

J U D G M E N T

K.Vinod Chandran, J.

The appellant is the 5th respondent in the writ petition, who claims to be the legally wedded wife of the 1st respondent, who is the petitioner therein. The 1st respondent was married to another, who was working as a High School Assistant, who died in harness on 28.02.2003. The petitioner being the spouse, was entitled to family pension, which he was drawing till 29.02.2016; till which date a self attested declaration of non re-marriage was the requirement. From March 2016 the official respondents insisted on a certificate from the concerned Village Officer. The petitioner's request before the Village Officer was rejected on the ground that the enquiries reveal that he was living with a lady, the appellant herein. The petitioner then approached a Councillor of the Municipality and obtained Ext.P3 certificate and also filed Ext.P4 appeal before the Tahsildar.

2. Under the Right to Information Act, the petitioner/1st respondent obtained Ext.P5 which indicated that the rejection of his application by the Tahsildar was by reason of himself having remarried the appellant, evidencing which a marriage agreement is subsisting between the parties. The signa

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