SURAIYA SULTANA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The issue raised in both the writ petitions being the same, they were heard analogously and are being disposed of by this common judgment and order. The issue is, whether the second wife whom the deceased employee of the Government of Assam had married during the validity of his first marriage and her children are entitled to family pension or it is the first wife, who alone is entitled to get the family pension in respect of her deceased husband to the exclusive of others.

(2.) Although the facts involved in both the writ petitions towards claim of family pension are naturally different, but the basic issue is one and the same as indicated above. Suffice is to say that both the petitioners involved in the two writ petitions are the second wives of the respective deceased employees. Both of them got married to the respective deceased employees during the subsistance of his first marriage. However, a few basic facts material for the purpose of disposal of the writ petitions are indicated below: WP (C) No. 6582/2004

(3.) The petitioner in this case, who is admitttedly the second wife of the deceased employee claims that she was married to him namely Late Sirajul Islam Bora on 1.7.90 as per the customary rules and practice. The marriage was also registered with the Registrar of Muslim Marriages. Out of the said wedlock a male child was born. The petitioner admits that Late Bora was married at that time having contacted the first marriage with the respondent No. 5 in 1982. The petitioner claims that the first marriage of Late Bora had broken down and he and his first wife were living separately. There was no issue from the first marriage. It is the case of the petitioner that as per the personal law applicable to the parties, a second marriage during the subsistance of the first wife is permissible.