ANIMA SINGHA Vs. ARCHANA SUR (SINGHA)

JUDGEMENT

(1.) The instant second appeal has been assailed against judgement and decree passed in other Appeal No 100 of 2002 by the 3rd Court of Additional District Judge Medinipur, which was preferred against the judgment and decree passed by Civil Judge, (Junior Division) 2nd Court Medinipur in other Suit No. 6 of 2002.

(2.) Appellant herein as plaintiff instituted aforesaid suit for declaration and injunction. In the said suit plaintiff/appellant contended that plaintiff was married with one Harekrishna Singh on 22nd Magh 1385 B.S. as per Hindu rities and customs. Thereafter plaintiff delivered a still born child. Subsequently they developed bitter relationship and her husband Harekrishna (since deceased) took her to her father's house and thereafter did not bring her back to his house, rather he was passing his time with defendant No.1/Respondent no. 1 herein by living together. Said Harekrishna Singh subsequently filed a matrimonial suit being Mat Suit no. 85 of 1981 against present plaintiff in the court of District Judge, Medinipur. Plaintiff being the wife of Harekrishna contested the said matrimonial suit and said suit being MAT suit no. 85 of 1981 was subsequently dismissed on contest. Plaintiff/ wife/appellant also initiated maintenance proceeding under Sec. 125 of the code of criminal procedure against Harekrishna. After contested hearing, said M.R. case was also disposed of, directing her husband Harekrishna to pay Rs.125.00 per month and thereafter for a long period he paid monthly maintenance to plaintiff.

(3.) Harekrishna was an employee of Public Health Engineering department, namely defendant No.3. After the death of said Harekrishna, the appellant herein demanded pensionary and other benefits, claiming herself to be the only legal heir of deceased Harekrishna. But the office of the defendant No.3 replied that the respondent No.1 herein already demanded all such benefits claiming herself to be the wife of Harekrishna and as such plaintiff filed the aforesaid suit being OS. No. 61 of 2000 for declaration that plaintiff is the only legally married wife of Harekrishna and entitled to get all benefits including pensionary benefits and also for injunction restraining defendant no. 1 for claiming herself as wife of Harekrishna and also from claiming pensionary and other benefits of the deceased. In the said suit defendant no. 1 filed written statement contending that Harekrishna obtained a decree of divorce in MAT Suit No. 13 of 1985 against plaintiff/Appellant herein on 28/4/1985 and after obtaining decree of divorce, Harekrishna married the defendant no. 1/Respondent no. 1 herein who is legally married wife of Harekrishna and entitled to get all sorts of benefit, being legal heir of the deceased.