SMT. SHASHIBALA Vs. MEERABAI

JUDGEMENT

(1.) Civil Revision No.124/2015 has been preferred by the second wife Smt. Shashibala and two children of Ramdas Sahu for setting aside the judgment dated 30.9.2010 passed by the Second Civil Judge, Lakhnadon, District Seoni in a Succession Case No.2/2005 by which Shashibala has been held to be the second wife, however, refused for granting succession to her, and about two sons namely, Sachin and Gaurav held in absence of any cogent evidence to prove their birth from the wedlock of Ramdas Sahu and Shashibala, they are also not entitled to get succession.

(2.) W.P. No.20429/2012 has been filed by the first wife Smt. Meera Bai invoking the jurisdiction under Article 226 of the Constitution of India seeking direction against the respondents to decide the representation of petitioner no.1 in the matter of grant of family pension, death cum retiral benefits and other monetary benefits on account of death of her husband Ramdas Sahu. Direction has also been sought to extend the monthly allowance of Rs.3000/- which she was getting prior to the death of the deceased as per the order of Family Court towards maintenance on 10.2.2004.

(3.) After having considered the fact that second wife filed the case for succession with respect to the service benefits of the deceased Ramdas and the first wife contested there in the succession proceedings, it is also the fact that first wife filed a writ petition seeking direction to grant her pensionary benefits which flows from the death of the deceased Ramdas Sahu, however, both the cases having close proximity because benefits flows to them on account of the death of Ramdas Sahu, who died during course of employment, therefore, both the cases are being decided by the common order.