G SATHYAVANI Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) ON abolition of the Tribunal, the Original Application in O.A.No.1486 of 1999 filed before the Tamil Nadu Administrative Tribunal stood transferred to this Court and re-numbered as W.P.No.43331 of 2006.

(2.) THE petitioner married one R.Govindarajan, who served as Higher Grade Teacher in Panchayat Union Middle School of Pudhuvayal Village in Gummudipoondi Union. Before her marriage with one R.Govindarajan, the said R.Govindarajan was already married to one S.Vijayalakshmi. Unfortunately, the said Vijayalakshmi died in the year 1980. Finally, the petitioner's husband R.Govindarajan also died on 14.07.1997. Before the death of her husband, she has driven out of the matrimonial home and, therefore, the petitioner filed Matrimonial Case No.1 of 1996 on the file of the Judicial Magistrate, Thiruvarur, claiming maintenance at the rate of Rs.500/- from the deceased. THE Judicial Magistrate, Thiruvarur by order dated 18.04.1996, allowed the petitioner's claim by awarding of Rs.500/- as maintenance. As there was a delay caused by the said R.Govindarajan in paying the maintenance amount of Rs.500/-, the petitioner filed E.A.No.2270 of 1996 before the Judicial Magistrate, Tiruvarur, claiming of Rs.4,000/- being the arrears of maintenance for eight months. In view of the judicial order, the petitioner is entitled to have maintenance of Rs.500/- from the deceased. It is proved that the petitioner is the legally wedded wife of R.Govindarajan as the petitioner's marriage with Govindarajan, though was second marriage but it was after the death of Vijayalakshmi in the year 1980 and, therefore, the marriage of the petitioner cannot be questioned. Subsequently, during the life time of R.Govindarajan, a Will dated 11.06.1997 was also registered as Document No.33/97 bequeathing the entire estate and property in favour of the third respondent, daughter of the deceased Govindarajan through his first wife. After her marriage, she settled down with her husband and living happily. In the above mentioned Will, the deceased has stated that he has married the petitioner as second wife, consequent to the death of his first wife. It also proves that the petitioner is the legally wedded wife of the deceased. Whileso, after the death of the petitioner's husband Late.Gonvindarajan, the petitioner is entitled to get family pension as per the Rule 49 of the Tamil Nadu Pension Rules.

(3.) THE learned Government Advocate appearing for respondents 1 and 2 submits that the petitioner having not been divorced by the deceased government servant on the date of death of the petitioner's husband, the petitioner is the legally wedded wife of the government servant. This has been further fortified by the registered Will dated 11.06.1997 executed by the deceased government servant in favour of the parties, wherein, Late.Govindarajan also specifically admitted the fact that he married the petitioner. THE stand taken by the learned counsel for the third respondent that the petition is not maintainable, cannot be sustained as the petition has been presented well within time.