VISHNU KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel.

(2.) The petitioner has filed the present petition being aggrieved by an order dated 7-4-2003 passed by the District Basic Shiksha Adhikari, Etawah, by which he has come to a conclusion that the petitioner was unable to establish the authority concerned that he was the lawful wedded husband of Smt. Geetha who expired on 9-8-2000.

(3.) In the present writ petition, the petitioner has disclosed in paragraph 6 of the writ petition that previously, Smt. Geeta Tewari was married to one Ashok Kumar and decided to separate from him. The separation between Geeta Tewari and Ashok Kumar, her first husband was settled by both parties on 21-5-2000. The statement on record in Annexure-3, which also contains a stipulation that the separation itself gives a right to either party to enter into a fresh marriage. It is admitted to the petitioner who claims to be the second husband that he married Smt. Geeta Tewari after this settlement and, therefore, after she expired, he became entitled to be appointed under the Dying and Harness Rules on compassionate ground,