(1.) The plaintiff is the appellant, who aggrieved by the judgments and decrees passed by both the learned courts below, has filed the instant appeal.
(2.) The plaintiff has filed a suit claiming therein that she was entitled to family pension being legally wedded wife of deceased Havaldar Sohan Singh. It is averred that since the first wife of deceased Sohan Singh did not bear any male child, she persuaded her husband to take Fargati (customary divorce), and thereafter, the plaintiff solemnized Gandharav marriage on 16.1.1974 as per the will of his first wife. The first wife of Sohan Singh died on 6.11.1989 and after Sudhikaran, the plaintiff solemnized Brahm marriage on 15.2.1990 and the necessary Bhoj was given to the Biradri as per the prevailing customs. Out of the wedlock three children were born. The plaintiff being legally wedded wife of Sohan Singh made protracted correspondence with the defendants to release family pension in her favour, but to no avail. Hence, the suit.
(3.) The defendants filed written statement wherein preliminary objections regarding maintainability, valuation, cause of action, locus standi etc. were taken. On merit, it was averred that deceased Sohan Singh had retired on 4.2.1970 and was getting pension. As per record, he had married one Parwati Devi in the year 1936 and she was the only wife of deceased Sohan Singh. Defendants denied the factum of marriage between the plaintiff and deceased Sohan Singh and on such basis denied her entitlement for family pension.
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