SURJEET KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the claim for family pension has been raised by the petitioner who asserts that she is the widow of Late Ex. Hav. Mohinderpal Singh. It is not controverted that Late Ex Hav. Mohinderpal Singh was previously married to Smt. Gursharan Kaur. Information in respect of this marriage is also contained in the 'Kindred Roll' maintained by the Army Authority. In this Roll there is also a specific reference to D.O-II Ind/58/53.

(2.) Ms. Jyoti Singh learned counsel appearing for the Respondent has relied on the Defence Service Regulation 623 which has the effect of mandating that all personnel including the Late Ex. Hav . Mohinderpal Singh should have mentioned the factum of his second marriage to the Army Authorities. This however was not done. Rule 623(e) reads as follows:

(3.) It is the Petitioner's case that she was married to Late Ex. Hav. Mohinderpal Singh in 1954. Despite the demands made by the Respondents for the submission of the Marriage Certificate, she has being unable to comply therewith. It is reasonably contended on her behalf that at that time Marriage Certificate seldom issued/obtained. Her husband retired in 1959 and has been receiving pension eversince. However, only as late as in 1994, an application for Endorsement of Family Pension-living Petitioner was submitted by Late Ex. Hav. Mohinderpal Singh to the Respondents. This Form duly mentioned the names of the Petitioner as the wife and the date of marriage as 15/1/1955. A photograph of Late Ex. Hav. Mohinderpal Singh as well as the Petitioner had been affixed on the Form. In response to my query whether the .correctness of photograph has been accepted/verified by the Respondents, learned counsel for the Petitioner has pointed out that she had appeared before the Respondents in an Interview on 18/12/2000. Thus it must be assumed that there is no dispute as to the identity of the Petitioner as the person on the said joint photograph. It was in the course of this interview that she has stated that the previous wife Smt. Gursharan Kaur is married to a businessman, having their own children and grand-children and living somewhere in Chandigarh. It is further stated by.the Petitioner that the husband and children of Smt. Gursharan Kaur are not aware of her previous marriage. Ms. Jyoti Singh has pointed out that in the writ petition the averment is to the effect that the previous wife Smt. Gursharan Kaur has died; or that her whereabouts are not known. She has emphasised that in respect of this pivotal question, the Petitioner has herself pleaded conflicting versions and therefore the petition cannot inspire confidence. Learned counsel for the Petitioner, however, has relied upon a number of documents including the Ration Card of Late Ex. Hav . Mohinderpal Singh which mentions Surjeet Kaur as his wife. It is further mentioned that a Sikhya, (stated to a marriage certificate) is on the record of the Respondent. As regards the marriage of late Ex. Hav. Mohinderpal Singh to the Petitioner it must be observed that there is substantial documentation in its support; I say no more.