NAJDA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Some facts are not in dispute at least between the petitioner and the respondent No. 6. They both happen to be legally married wives of late Md. Mustakim Khan. Petitioner is the second wife and respondent No. 6, the first wife. The second marriage was performed sometime in the year 1988 about a year before the petitioner's husband got employment under the Sate as a Constable Dafadar. Over a period of time both the wives have progenies. Respondent No. 6 had a son and the petitioner, a daughter. Since survival in the difficult economic situation is an issue for one and all, some dispute arose between the family and the late husband tried to work out some arrangement with regard to distribution of the salary and other allowances between the two wives. Unfortunately, he passed away on 21.10.2011 in harness. The challenge at domestic front and the conflicts between family members may have taken its toll.

(2.) On a claim being made by the petitioner for sharing the pension of the late husband, serious challenge is thrown up by private respondent No. 6 denying any kind of right of the petitioner to beget anything from the Court or the respondent authorities.

(3.) Counsel for the petitioner has brought on record that due to intervention of the well wishers, an arrangement was worked out even amongst the wives that the son of respondent No. 6 will beget the benefit of compassionate appointment and she will have somebody to take care of her whereas for the petitioner she would get the pension. Obviously, those affidavits, which are on record, have been dubbed as fake and fraudulent. But such dispute is of no relevance to the actual issue whether the petitioner can claim 50% of the pension of the late husband.