NAJMINA BEGUM Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner claiming to be the second wife of Late Shri. Hazarat Ali of Village Lachima, P.O.- Lachima, P.S.- Mukalmua, District - Nalbari has filed the instant petition under Article 226 of the Constitution of India claiming that she was the legally wedded wife of late Shri. Hazarat Ali, S/o Late Shri Harez Uddin Ahmed as they were married on 16-02-2011 with whom she had performed valid marriage with the consent of his first wife, Ms. Norinda Songthiang, D/o Late Thak D Khar of Village - Jongsha, P.S.- Madamiting, District- East Khasi Hills, Meghalaya.

(2.) The petitioner claims that there are two sons who were born out of the said wedlock with Late Shri Hazarat Ali namely, Nur Hoque Ali born on 08-02-2012 and Hasmi Jannat was born on 16-06-2014. The petitioner has claimed that on the demise of Shri Hazarat Ali on 30-05-2016, she is entitled to 50% of the family pension and other pensionary benefits as she was the second wife of Late Shri. Hazarat Ali.

(3.) Upon Notice having been issued, affidavit-in-opposition has been filed by the respondents. Respondent No. 7 who is the first wife of Late Shri. Hazarat Ali has filed the affidavit-in-opposition wherein inter alia it has been stated that the marriage of the petitioner with Late Shri. Hazarat Ali was never solemnised and the same is seriously disputed. Reference was made to para 6 of the affidavit-in-opposition by learned counsel which reads as: