SAIYAD JAFARUNNISHA HUSENMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Devdip Brahmbhatt appearing for the petitioner, learned Assistant Government Pleader Mr. Aditya Davda appearing for the respondent - State and learned advocate Mr. Arjun Rathod for learned advocate Mr. Aaditya Bhatt for respondent No.3.

(2.) By way of this petition, the petitioner has prayed for a direction, directing the respondent No.2 to 4 to grant and pay one half of the Family Pension of the deceased Saiyad Shalesha Hussainmiya to the petitioner till her death. The petitioner has further prayed for a direction, directing the respondent No.2 to 4 to recover 50% of the Family Pension amount from the second wife - Saiyad Jebunisha from 21/4/2021 and to pay the same to the present petitioner.

(3.) With the consent of learned advocates appearing for the respective parties, the matter was taken up finally. Hence, RULE. Learned Assistant Government Pleader Mr. Aditya Davda waives the service of rule on behalf of the respondent No.1, 2 and 4. Learned advocate Mr. Arjun Rathod waives the service of rule on behalf of the respondent No.3. The cause list indicates that despite service of notice, respondent No.5 has refused to accept the service of notice and even an affidavit to that effect in the form of affidavit of service is filed by the petitioner herself stating that the respondent No.5 has refused to take notice of this Court in presence of persons named in the affidavit. Hence, the matter is now being heard in absence of respondent No.5.