KAMALJIT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this writ petition, the petitioner has claimed that 50% share of family pension of her late husband which was given to her step children be restored to her since her step children have become disentitled for the same on their having attained the age of majority. In reply the plea taken is that in a case where family pension is released to two widows, on the death of one widow the second widow is not entitled to her share.

(2.) Counsel for the petitioner has argued that the respondents have completely misdirected themselves in taking this plea because the present is not a case where at any stage there were two widows but this is a case where the petitioner married her husband after his first wife died. In the circumstances, as per counsel for the petitioner, the two minor children from the first wife were definitely entitled to their share of the family pension but after they became disentitled, the petitioner would be entitled to restoration of full pension just as if those two children had been her own children.

(3.) Counsel for the respondents has tried to justify the stand taken in the reply.