JUDGMENT

1.This writ petition is filed challenging Exhibit P12 order of the

3rd respondent and seeking directions to respondents 2 to 4 to sanction and release the family pension due on the death of the petitioner's deceased husband to her. It is submitted that the petitioner is the legally wedded wife of the late Peedikavalappil Balan, who was an ex-service man. Exhibit P1 is the marriage certificate evidencing the marriage on 4.7.1971. The petitioner's husband passed away on 23.6.2017 as evident from Exhibit P2 Death Certificate. The life time arrears of pension had been disbursed to the petitioner, who was his wife and nominee. By Exhibit P5, the respondents stated that since the deceased was married to Smt.S.Bhargavi Amma on 22.4.1966 and nominated her to receive all the financial benefits on his death, the petitioner's claim for family pension could be considered only once the legality of the 2nd marriage is established.

2. The learned counsel for the petitioner submits that a reading of Exhibit P5 would itself show that the 1st marriage was invalid and that the marriage to the petitioner was the only legally valid marriage. It is submitted that the petitioner was paid family pen