MUNNI BAI Vs. SOUTH EASTERN COALFIELDS LTD.

JUDGEMENT

(1.) This is plaintiff's first appeal under Sec. 96 of the Code of Civil Procedure arising out of judgment and decree passed by the learned 2nd Additional District Judge (FTC), Manendragarh, District-Korea (C.G.) passed on 28/7/2007 in Civil Suit No. 25-A of 2007 filed by the appellant wherein suit filed by the appellant has been dismissed.

(2.) For convenience, plaintiff and defendants are termed as it existed before the trial Court.

(3.) The brief facts as reflected from the record are that the plaintiff has filed civil suit for declaration that she is legally wedded wife of the deceased Roopsai, therefore, she is entitled to receive the facilities provided by the SECL to the families of deceased employees like Coal Mines Provident Fund, Gratuity, etc. It has been contended by the plaintiff that marriage between the plaintiff and deceased Roopsai S/o. of Dadna was solemnized as per the Hindu customs prior to 30 years. She has lived her matrimonial life with Roopsai till his lifetime. She has performed the last rites of her husband as they were issueless. Roopsai was working as a loader in the West Chirmiri Colliery, Podi and expired on 10/12/2003 in the local hospital at Godripara. Dharmibai who was married with another person 10 years back having five children from that wedlock, has lived with Roopsai as his keep for some years but no rituals with regard to marriage has been performed between them. Dharmibai has not taken divorce from her husband. The name of the plaintiff has been recorded in the service record of the deceased Roopsai as his wife and nominee for taking gratuity. It has been further contended that on 24/5/2004 she being legally wedded wife of Roopsai has moved an application for grant of retiral dues with the respondent No. 1 but the respondent No. 1 has directed her to obtain succession certificate which has necessitated her to file the present suit for declaration as legally wedded wife of the deceased Roopsai.