KANYAVATI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Shri T.S. Pandey, learned counsel for the applicant and Shri Bashist Tiwari, learned counsel for the respondents.

(2.) BY way of this original application filed under section 19 of Administrative Tribunals Act 1985, the applicant has prayed for the following reliefs:

(3.) IN contra, the counsel for the respondents states that the applicant is not the legally wedded wife of the ex -employee Late Shri Angan Lal who died on 20.01.2011. While in service, he had never made any nomination during his life time nor ever he declared anyone else accept himself in pass declaration form till his death, (Page No. 17 of the Counter Affidavit). The counsel for the respondents also states that the brother of the late employee namely Kumar Sain represented that the wife of his late brother had already died before his brother's death and the applicant is not legally wedded wife of Late Angan Lal. In this eventuality, a welfare inspector was deputed for fact finding inquiry. During the inquiry while giving statement dated 13.02.2011 the applicant herself has admitted that she was first married to one Shri Nanhe from whom she got separated in 1995 by mutual consent without adopting any legal procedure and thereafter she got married with Late Shri Angan Lal. But the marriage was not registered before any competent authority. He also states according to the provisions contained in Hindu Marriage Act, 1995 only by a decree of divorce separation can be made and no oral separation is permissible in the eyes of law. He also states section 5(I) of the Hindu Marriage Act, 1995 provides that A marriage may be solemnized between any two Hindus, if the following conditions are fulfill, namely : - (i) neither party has a spouse living at the time of marriage. Hence, without legal separation from earlier husband Shri Nanhe, the applicant could not be legally married to Late Shri Angan Lal and he nullified the marriage of the applicant with Late Shri Angan Lal and also draws my attention to page 14 of the Counter Affidavit wherein the statement of applicant is recorded that she was earlier married to Nanhe and no divorce decree was obtained but only on the mutual consent they got divorce. He also states that the order passed on divorce petition which is filed with the Rejoinder Affidavit is dated 9.11.2012 and the husband of the applicant Late Shri Angan Lal died on 20.01.2011 hence, at the time of the death of Late Shri Angan Lal the applicant was not the legally wedded wife to Late Shri Angan Lal hence, her claim as prayed through this Original Application cannot be entertained and rightly denied by the respondents.