MALLIKA BEGUM Vs. ASHA BEGUM

JUDGEMENT

(1.) This is an appeal by the plaintiff. The plaintiff instituted O.S. No. 110 of 1997 in the Family Court, Hyderabad against the defendant-respondent herein with the following averments. It is stated by the plaintiff that she was married to late Abdul Aleem Khan on 26-9-1960 as per Muslims rites and customs. A sum of Rs.5,000.00 was fixed as Meher. They were blessed with a female child named Ahmedi Begum. They spent a period of one year of happy married life and thereafter her deceased husband started ill-treating and torturing her and necked her out with her daughter. Since then she was residing with her parents and depending on them.

(2.) It is further stated by the plaintiff that she filed Maintenance Case No. 75 of 1975 before the- 111 Metropolitan Magistrate, Secunderabad claiming maintenance for her daughter. The learned Magistrate awarded maintenance at the rate of Rs. 50.00 per month from February 1976. It is further averred by her that she also filed M.C.No. 76 of 1982 before the 12th Metropolitan Magistrate, Hyderabad claiming maintenance for herself. The learned Magistrate granted Rs. 200.00 per month. Her deceased husband initially sent a sum of Rs. 100.00 and arrears of Rs. 25.00 for sometime and thereafter he sent Rs. 175/-per month. This arrangement continued till his death i.e., on 8-9-1996.

(3.) It is the further case of the plaintiff that her deceased husband married the defendant and started living with her at Malakpet. After the death of her husband, she participated in all funeral ceremonies. She also made a representation to the Secretary, Andhra Pradesh Public Service Commission (hereinafter referred to as "A.P.P.S.C") to settle the service benefits of her deceased husband. The defendant also sent such an application to the Secretary, A.P.P.S.C. The Secretary A.P.P.S.C. appointed an Enquiry Officer and directed her to appear before him on 23-11-1996. He conducted the enquiry and submitted his report. In the enquiry the plaintiff produced the original marriage certificate, but the Secretary, A.P.P.S.C. did not pass any appropriate order. Hence she was constrained to issue a notice to the Secretary, A.P.P.S.C. The demand made in the notice was not complied with by the A.P.P.S.C. Therefore, she was constrained to file the aforesaid suit for declaration that she is the legally wedded wife of late Abdul Aleem Khan and she is entitled for the terminal and pensionary benefits. She also filed an application restraining the defendant-respondent herein from claiming any benefits from the A.P.P.S.C.