BANU SHAIKH Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Ms. W. Coutinho, learned Advocate for the petitioner, Shri I. Agha, learned Advocate for the respondent no.4 and Shri P. Faldessai, learned Additional Government Advocate for the respondents no.1 and 3.

(2.) Ms. W. Coutinho, learned Advocate for the petitioner, submitted that she was the legally married wife of the deceased who was working as a Bull Attendant and had retired from the services voluntarily on 4.6.1996. Her late husband had expired on 29.4.2009 but during his lifetime he had married the respondent no.4. She was married to the deceased on 21.6.1975 and her marriage was duly solemnized and registered in accordance with the law under the regime of communion of assets as she was his legally wedded wife with whom she had seven children out of the wedlock. Her husband had married the respondent no.4 without her consent and knowledge on 18.11.1983 and had three children out of the said union, all of whom were now major in age. The marriage was not valid and contrary to the family laws operating in the State of Goa and even otherwise the Civil Service (Conduct) Rules, 1964 did not permit a second marriage during the subsistence of the first marriage apart from attracting the offence under Section 494 IPC.

(3.) Ms. W. Coutinho, learned Advocate adverted to the Articles 1072, 1058 and 1073 of the Family Laws, further reiterated that her late husband had to obtain permission from his employer before entering into a second marriage while in service and during the subsistence of the first marriage and therefore the respondent no.4 who was not the legally married wife of the deceased was not entitled to claim any pensionary benefits on his demise. Rule 54 (7) (a) (i) of the CCS (Pension) Rules could also not be pressed into service and since she was the sole beneficiary as his widow. She relied in Rameshwari Devi Vs. State of Bihar and others [(2000) 2 SCC 431], Yamunabai Anantrao Adhav Vs. Anantrao Adhav and another [AIR 1988 SC 644], Draupada @ Draupadi Jaydeo Pawar Vs. Indubai d/o Kashinath Shivram Chavan and another (First Appeal No.577 of 2015) and Smt. Sirazun Nessa Vs. The State of Assam and others [Writ Petition No.168/2010], in support of her case.