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GAUHATI HIGH COURT
KALYAN RAI SURANA, J
DIPAMANI KALITA W/O LT. SAHABUDDIN AHMED – Appellant
Versus
THE STATE OF ASSAM – Respondent
| Table of Content |
|---|
| 1. marriage is deemed void, thus leading to no pension benefits for the petitioner. (Para 1 , 12 , 19) |
| 2. petitioner claims pension post husband's death due to non-sanctioning of benefits. (Para 2 , 3 , 4) |
| 3. pension entitlement reliant upon the validity of marriage under applicable law. (Para 5 , 10 , 21) |
| 4. discussion on validity of the petitioner's marriage. (Para 6 , 7 , 8) |
| 5. court's reasoning on the void status of the marriage. (Para 9 , 11) |
| 6. ruling regarding pension eligibility for the minor child. (Para 22 , 26) |
ORDER
Date : 06.09.2021 Heard Mr. M.K. Choudhury, learned senior counsel assisted by Mr.
P. Bhardwaj, learned counsel for the petitioner. Also heard Mr. J. Handique, learned standing counsel for the respondent no.1, Mr. J.K. Goswami, learned Additional Senior Govt. Advocate appearing for the respondent nos.2, 3 and 4, Mr. R.K. Talukdar, learned standing counsel for the respondent no.5 and Mr. M.S. Ali, learned counsel for the respondent no.6.
2. The petitioner is the second wife of Late Sahabuddin Ahmed. Her husband had died in a road accident on 18.07.2017, leaving behind the petitioner with her 12 (twelve) years old son. At the time of his death, the husb
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