BUCHIYA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. M.D. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned standing counsel, N.F. Railway, appearing for the respondent Nos.1 to 5 and Mr. B.J. Mukherjee, learned counsel, appearing for the respondent No.6.

(2.) By this writ application, the petitioner calls into question the order dated 07.03.2017 passed by the learned Central Administrative Tribunal, Guwahati Bench (for short, "Tribunal") in Original Application No.040/00047/2017.

(3.) The case projected in the original application, a copy of which is handed over to the Court during the course of the proceedings, in a nutshell, is that the petitioner claimed to be the wife of Late Sudarshan Yadav, who died in harness while in service as a Grade-IV employee serving at New Bongaigaon under N.F. Railway. It is stated that they were married in the year 1973 as per Hindu rights and customs and out of the wedlock, three children (two sons and one daughter) were born. Sudarshan Yadav died on 15.12.2016 at Railway Hospital, New Bongaigaon. Though initially she with her three children were living with the deceased husband at Bongaigaon, subsequently they were sent to Gorakhpur where the in-laws of the petitioner resided and till 1993, her husband used to pay money through cheque for their maintenance. In the year 1994, she came to visit her husband at New Bongaigaon and was shocked to find that her husband was living with the respondent No.6, who claimed herself as the second wife of the deceased husband. In such circumstance, she went back to the place of her in-laws at Gorakhpur and filed an application being F.C. Case No.65/1994 before the learned Family Court at Gorakhpur claiming monthly maintenance for herself and her children.