KAMLA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed by the petitioner for a direction to the respondents to grant and pay her family pension and the other retiral dues, if any, and further to restrain the respondents from making payment of family pension to the respondent no.7.

(2.) Late husband of the petitioner Kumar Dinesh Singh was posted at Government Polytechnic, Darbhanga on 20th April, 1978 as Instructor. He superannuated on 31st Dec., 2009 from the above said post and died on 19th April, 2013.

(3.) The contention of the petitioner is that she was married to Kumar Dinesh Singh in the year 1962. After her husband was appointed and posted at Darbhanga in the year 1978, he started living at his place of posting but the petitioner used to live at her sasural situated at village Bindoll, P.S.- Khizersarai, District- Gaya. In the year 2003, she went to Darbhanga where she was assaulted by her husband at the behest of respondent no.7 Archna Singh. Subsequently, she was ousted from the house and thereafter she filed a complaint in the court of Chief Judicial Magistrate, Gaya vide Complaint Case No. 926 of 2003 under Sections 323, 498-A and 494 of the Indian Penal Code against her husband and respondent no.7. Later on, a joint compromise petition was filed in the aforesaid complaint case by the petitioner and her husband on 16th Sept., 2004. Similarly, a joint compromise petition was filed by the petitioner and respondent no.7 in the said case on 6th Oct., 2004, where after, the learned Judicial Magistrate 1st Class, Gaya vide judgment dated 31st Dec., 2005 acquitted the accused persons on the basis of compromise.