SATINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for the release of the family pension, which was stopped by the respondents on the ground that the petitioner had again married one Sh. Harpreet Singh son of Nirmal Singh on 4/7/2010. The facts which have been pleaded are that initially the petitioner was married to one Sh. Pardeep Singh, who was serving as a Constable in the Punjab Police. After the marriage, both started living together, but unfortunately the said Sh. Pardeep Singh died due to heart attack while in service on 12/1/2005. After the death of husband of the petitioner, namely, Sh. Pardeep Singh, petitioner was granted family pension and all other benefits were also extended to her.

(2.) It is an admitted case that the petitioner, after the death of her husband, got married with one Sh. Harpreet Singh son of Sh. Nirmal Singh on 4/7/2010. Petitioner was living as wife of said Sh. Harpreet Singh, when, an FIR No.25 dtd. 23/2/2010 was registered against Sh.Harpreet Singh on the ground that he was already married to one Smt.Gurmeet Kaur and without divorcing her, he got married to the petitioner on 4/7/2010. On coming to know the said fact, keeping in view the provisions of the Hindu Marriage Act, the petitioner filed a petition under Sec. 12 of the Hindu Marriage Act, for declaring the marriage as null and void, being contrary to the provisions of the Hindu Marriage Act. The said petition was filed on 24/4/2012 and the same was allowed on 4/10/2013. Copy of the said order has been appended by the petitioner as Annexure P-3 with the present writ petition.

(3.) A bare perusal of the order would show that an ex-parte decree was allowed in favour of the petitioner, wherein, it has been recorded that Sh. Harpreet Singh, got married to petitioner by obtaining her consent by way of fraud and concealing the true facts. Further, the assertion of the petitioner that the marriage was void as per Sec. 11 of the HMA was noticed by the Court in the order dtd. 4/10/2013. The relevant part of the said order is as under: -