VILAMANDIPARTHI VAGDEVI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) Brief facts of the case are that the writ petitioner was married to the deceased husband on 14/5/1987 as per Hindu rites and customs and out of the wedlock they borne two daughters and one son with date of births 29/8/1991, 27/8/1993 and 6/8/1995 respectively. The deceased husband worked as work inspector in Panchayat Raj Department in PRI division of Kothavalasa. . After the death of deceased husband on 28/8/2014, Petitioner sent proposals dt.12/9/2014 to Respondents 3 and Respondent 4 for the family pension and other death benefits and also for providing appointment to her son under compassionate grounds. Thereafter, Petitioner was informed by Respondent 4 vide Memo dt.21/12/2014 to get legal heir certificate from Tahsildar Jami. Despite complaints made to the 2nd respondent-Revenue Divisional Officer, Tahsildar failed to issue a legal heir certificate. Except the funeral charges, Petitioner was not sanctioned any amounts by the Respondents. Thereafter when Petitioner approached the Respondents for release of family pension and other death benefits, Respondents cited a representation received by V. Krishnamma, who is the 5th respondent herein asserting as legally wedded wife of Petitioner's deceased husband. The Petitioner stated that the 5th respondent was having an illicit relationship with the deceased husband of the Petitioner from which she tried to take advantage by entering her name in the Service Records of the deceased husband of the Petitioner. Having been denied by the Petitioner's deceased husband, the 5thRespondent has filed number of cases against the deceased husband of the Petitioner including maintenance. It is further stated that the 5th Respondent has filed S.O.P.No.6/2016 before the Hon'ble Senior Civil Judge at Vizianagaram against the Petitioner seeking succession certificate in her favour to receive Gratuity, Group Insurance, contributory provident fund and leave salary of the deceased husband of the Petitioner excluding family pension and contends that it does not preclude Petitioner from receiving the family pension of the deceased husband by Respondents No. 3 and 4.

(3.) The 5thRespondent has filed counter affidavit stating that she is the legally wedded first wife of the deceased husband, with two children. After the birth of her first son, deceased husband developed an illicit relationship with the Petitioner and even had children with her. The 5thRespondent has stated that during the lifetime of deceased, he executed a registered Will Deed dtd. 21/9/1993 bearing Doc. No.53/1993 wherein he categorically mentioned that she is his first wife and the petitioner herein is his 2nd wife. Thereafter when the deceased husband started neglecting her son, she filed case for maintenance in M.C.No.8/1998 on the file of the Judicial Magistrate of 1st Class, S.Kota, and the same was allowed and the above mentioned Will Deed dt.21/9/1993 was marked as Ex.P1. The M.C.No.8/1998 was allowed vide orders dt.20/12/1999 and the Hon'ble Court also held that the 5thRespondent as the first wife of the deceased husband and that the writ petitioner herein is the second wife. However, the revision petition was later filed by the deceased husband in CRL.R.P.No.12/1999 on the file of the Addl District & Sessions Judge, Vizianagaram was dismissed vide Orders dt. 23/9/2000. Thereafter, the 5thRespondent filed an application for enhancement of the maintenance amount vide MP.No.3251/2005 in MC No.8/98 and the same was allowed by the Hon'ble Judicial Magistrate of 1st Class. S.Kota, and thereafter in the year 2011, the 5thRespondent once again filed an application for enhancement of compensation vide CRL.M.P.No.952/2011 in MC.No.8/98 and the same was settled before the Lok Adalat with the deceased husband agreeing to pay an enhanced amount of maintenance. It is further stated that after the death of the deceased husband, 5thRespondent and her son filed S.O.P.No. 6 of 2016 on the file of the Senior Civil Judge Court, Vizianagaram, for grant of Succession Certificate in their favor for the "Death Benefits" of the deceased husband that includes family pension and for the compassionate appointment for her son. The said S.O.P.No.6 of 2016 is at the stage of trial and is coming up for the cross examination of PW1. It is further stated by the 5th Respondent that the filing of the instant writ petition by the Petitioner is nothing but an abuse of the process of law in an attempt to pre-empt the judgment/order of the competent civil court in S.O.P.No. 6 of 2016 and therefore is the writ petition is not maintainable and is liable to be dismissed with costs.