RAMABAI GULABRAO JAMNIK Vs. STATE OF MAHARASHTRA,

JUDGEMENT

(1.) Heard Shri S.P. Panditkar, learned Advocate for the petitioner, Shri N.H. Joshi, learned Assistant Government Pleader for respondent Nos.1 and 2 and Shri A.M. Kukdey, learned Advocate for respondent No.3. By their consent, writ petition is taken up for final hearing by issuing Rule, making the same returnable forthwith.

(2.) Petitioner Ramabai Gulabrao Jamnik is assailing the refusal of Family Pension reflected in communication dated 04-06-2014 (AnnexureA) issued by respondent 2Accountant General (Accounts and entitlement) II to respondent 3Principal District Judge, Yavatmal. The refusal of Family Pension is on the premise that Ramabai married the deceased employee Gulab Jamnik during the life time of the first wife one Mankarna and the marriage is null and void in view of the provisions of Section 5 read with Sections 11 and 17 of the Hindu Marriage Act, 1955 ("Act of 1955" for short) .

(3.) Ramabai asserts in paragraph 2 of the petition that it was only after the demise of first wife Smt. Mankarna that late Gulabrao married her. She further avers that since Gulabrao suffered a Paralytic attack, he could not complete the formality of nomination of the name of the petitioner for Family Pension. She avers that Gulabrao expired on 17-2-2011 leaving behind him, the petitioner, Ganesh who is son born from the wedlock between Gulab and first wife late Mankarna, Sau. Vaishali Gavai and Prashant, who are respectively the daughter and son born from the petitioner's wedlock with Gulab.