IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH UNION OF INDIA AND OTHERS ..Appellants Versus BHAGWANI DEVI AND ANOTHER ..Respondents Reserved on: 05.02.2026 Date of decision: 07.03.2026 Uploaded on: 10.03.2026 Whether only the operative part of the judgment is pronounced? NO Whether full judgment is pronounced? YES CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Ms. Bhavana Datta, Senior Panel Counsel, for the applicants/appellants.

Mr. Sandeep Bansal, Advocate Ms. Nishtha, Advocate for the respondents.

* * * * *

SUDEEPTI SHARMA , J. (Oral)

1. The present appeal is preferred against judgment and decree dated 31.07.2023 passed by Additional Civil Judge, Senior Judge, Jhajjar, whereby, suit filed by the respondent was decreed in her favour and judgment and decree dated 11.07.2025 passed by learned Additional District Judge, Jhajjar, whereby, appeal filed by the appellants was dismissed.

2. Brief facts of the case as per the civil suit are that respondent is legally wedded wife/widow of deceased Mahender Singh. Her marriage was solemnized with deceased Mahender Singh at village Matanhail, District Jhajjar according to Hindu rites and ceremonies and out of the said wedlock two daughters namely Rekha Devi and Sushila were born on 14.10.1973 and 15.12.1979 respectively. Both the daughters of respondent are married.

Respondent No.1 being widow of late Mahender Singh, her name was entered in revenue record alongwith her daughters and in other documents such as Ration Card, Voter Card and Aadhar Card etc. The name of her husband was also entered as father in the school certificates of her daughters. Late Mahender Singh was in Army and after discharge, he got service pension vide PPO dated 01.12.1992. Husband of respondent, Mahender Singh along with his second wife Suman died in an accident on 04.07.2011 in Punjab. After death of her husband, respondent applied for releasing of family pension to her against the services rendered by her husband to the appellants. She was informed by the appellants that as per service record of her husband he was married to Smt. Suman and the family pension was jointly notified in her name vide PPO dated 01.12.1992. It was further stated by appellants that husband of respondent No.1 and his second wife had already died on 04.07.2011 and family pension claim in favour of his son Vishal was already processed vide letter dated 10.04.2013. It is pleaded case of respondent No.1 that she came to know about the second marriage performed by her deceased husband and his children out of that wedlock i.e. two sons namely Vinay Rathi and Vishal Sagar and one daughter namely Vandana as shown in “Kindred Roll and names of Heir”. She served legal notice dated 31.05.2013 upon the appellants through her counsel and in response she got the reply from the appellants that she is not recorded as wife in service record of deceased Mahender Singh and, therefore, she is not eligible for grant of family pension.

3. She filed OA before Armed Forces Tribunal, Regional Bench, Chandi Mandir at Chandigarh for family pension but the same was disposed of as withdrawn on 17.01.1998 with liberty to file in proper form. Therefore, she filed civil suit seeking decree for declaration and mandatory injunction that she is legally wedded wife of late Sh. Mahender Singh who died on 04.07.2011 and is eligible for publication of Part-II order and endorsement in his sheet roll. Further a decree for mandatory injunction directing appellants to enter the name of respondent in Army record as wife of late Mahender Singh and not to release family pension in favour of Vishal Sagar-son born out of illegal second marriage of late Mahender Singh with Suman till the disposal of the suit.

4. Civil suit filed by her was decreed in her favour by Additional Civil Judge, (Senior Division) Jhajjar vide its judgment and decree dated 31.07.2023. Appellants filed appeal against judgment and decree dated 31.07.2023, which was dismissed by Additional District Jud