SARITA KHARKONGOR Vs. HILDA DKHAR

JUDGEMENT

(1.) The petitioner being aggrieved with order dtd. 20/2/2020, passed in Misc. Case No. 1 of 2020, by the Court of the Learned Judge, District Council Court, Khasi Hills, Shillong has preferred the instant Civil Revision Application under Order 6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014 read with Article 227 of the Constitution of India. The brief facts are that the petitioner claims to be the wife of one (L) Carlus Lamin Gayang, who had expired on 5/5/2019, and at the time of his death was serving in the office of the Directorate of Information and Public Relations, Lower Lachumiere, Shillong, Meghalaya.

(2.) It has been submitted that the petitioner, had then approached the said respondent for disbursement of family pension and other benefits, however, was informed that she was to obtain an order from a competent civil court having jurisdiction, to show that she was the legally wedded wife of the deceased employee. The petitioner thereafter, came to learn that vide the impugned order dtd. 20/2/2020, the Learned Judge, District Council Court had declared the respondent as the legally married wife of (L) Carlus Lamin Gayang.

(3.) Mr. B. Deb, learned counsel for the petitioner has submitted that the writ petitioner was never made a party in the proceedings before the District Council Court and that the declaration given to the respondent by the said Court is illegal and in violation of the Principles of Natural Justice. He therefore prays that the order be set aside and the matter be remanded back for reconsideration.