C.P.DAKSHAYANI Vs. MEKKARA VEETTIL PARU

JUDGEMENT

(1.) THIS appeal is filed against the judgment of the learned single Judge allowing WP(C) No.26889/09 filed by the 1st respondent seeking to quash Ext.P4 proceedings of the Assistant Educational Officer incorporating the name of the appellant for availing of the benefit of family pension. Learned single Judge having quashed Ext.P4 and recognised the claim of the 1st respondent as the eligible claimant for the family pension, this appeal is filed.

(2.) BRIEFLY stated, the facts of the case are that one Sri.M.K.Krishnan Nambiar was a teacher. According to the appellant, as is seen from Ext.R5(c), he was married to one Smt.A.P.Thankalakshmi Amma. After the expiry of Smt.Thankalakshmi Amma, he married the appellant on 23/9/1987. It is also stated that in the wedlock, she has given birth to two children and that while living together, he retired from service on 30/6/88 and expired on 24/12/2008. On the basis that the appellant is the legally wedded wife of the deceased, based on Ext.P4, family pension was sanctioned to her. It was challenging the grant, the writ petition in question was filed.

(3.) PLEADINGS show that the 1st respondent, the writ petitioner, had obtained an order of maintenance against the deceased under Section 125 of the Cr.P.C. Thereafter, the deceased had filed OS No.158/1962 before the Munsiff's Court, Payyannur for a declaration that the 1st respondent is not the wife and the second defendant in the suit is not his child. In that suit, the 1st respondent contended that the marriage between them was solemnized on 9th Thulam, 1134 (M.E.) corresponding to 25/10/1958. Appreciating the evidence on record, Munsiff's Court held that the 1st respondent is the legally wedded wife of the deceased and the second defendant in the suit is the legitimate son. That judgment was confirmed by the First Appellate Court and this Court by dismissing AS No.150/1965 and SA No.775/1966 filed by the deceased.