VALLIAMMAL Vs. DISTRICT FOREST OFFICER

JUDGEMENT

(1.) The petitioner got married to one Thiru.Thangamuthu, who was employed as Forester in the Forest Department. The marriage took place in the year 1971. However, the marriage failed and she was deserted by her husband in the year 1975. The petitioner approached the Judicial Magistrate, Erode and claimed maintenance. The Judicial Magistrate, Erode ordered the maintenance at the rate of Rs.100/- per month. It is stated that Thiru.Thangamuthu took up the matter to this Court and the amount was reduced to Rs.75/- per month.

(2.) Thereafter, the petitioner filed M.C.No.4 of 1990 before the Judicial Magistrate, Bhavani seeking enhancement of maintenance to Rs.500/-. The Judicial Magistrate, Bhavani passed an order dated 15.07.1992 granting Rs.250/- as maintenance. Thiru.Thangamuthu retired from service in the year 1982. The same was taken note of by the Judicial Magistrate, Bhavani. Thiru.Thangamuthu continued to pay maintenance until he died on 07.12.1996. Thiru.Thangamuthu was paid pension from 1982 till his death. After the death of Thiru.Thangamuthu, the first respondent forwarded the proposals for payment of family pension to the second respondent. However, the second respondent passed an order dated 09.07.1999 returning the proposals for family pension to the petitioner and directing the first respondent to produce the following documents to sanction family pension:-

(3.) The petitioner wrote a letter dated 18.08.1999 stating that the death of first wife in the year 1970 was not registered and hence it was not possible to get the Death Certificate of the first wife. The petitioner stated that her marriage with the deceased Government servant was not registered. The petitioner stated that however, the marriage of the petitioner with the deceased Government servant was not in dispute, as the Government servant himself did not dispute the marriage and the petitioner enclosed the order dated 15.07.1992 in M.C.No.4 of 1990 of the Judicial Magistrate, Bhavani, in this regard. She further stated that she was not aware as to why her name was not nominated by Thiru.Thangamuthu.