LAHUN PYRTUH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Respondent No.4 has filed the affidavit on 07.02.2019 stating therein that the appellant and (L) Kulendra Chandra Keot vide agreement executed by them of their own will dated 15.08.1999 have separated from each other with a further stipulation they will not claim as husband and wife. Appellant will not claim any monetary assistance for herself, un-married daughter and two minor sons as those will be looked after by her. After execution of the agreement, appellant married one person named Biki of Sipajhar, Mangaldoi and lived together as husband and wife whereas, respondent No.4 got married to (L) Kulendra Chandra Keot in the year 2002. Family pension has been sanctioned in favour of respondent No.4 as she was the nominee nominated by deceased in the service record.

(2.) Appellant in her affidavit has stated that she got married with (L) Kulendra Chandra Keot as per the prevailing Khasi custom known as "Shongkha" in the State of Meghalaya and as such were recognized as husband and wife. Even otherwise their position having been living together and having procured children is ample proof of their marriage. In support whereof has referred to the judgments rendered by Hon'ble Apex Court reported in (2010) 9 SCC 209, 1992 Supp (2) SCC 304 and (1978) 3 SCC 527.

(3.) Learned Single Judge has dismissed the writ petition observing therein that the matter involved disputed questions of facts, aggrieved whereof, instant appeal has been filed.