SUMITRA DEVI Vs. STATE

JUDGEMENT

(1.) Through the medium of this petition, the petitioner is seeking a direction to the official respondents to pay her 33% of the monthly pension out of the monthly pension of respondent No.7 including the amount gratuity, leave salary etc. in the same proportion.

(2.) The facts, as projected in the petition, are that the marriage of petitioner with Rajinder Singh Manhas, respondent No.7 herein, was solemnized in February 1973 at Village Marh, Tehsil Jammu. During the currency of marriage, respondent No.7, who was a Government Teacher, contracted second marriage with one Smt. Kailash Devi in November, 1990. It is averred that the petitioner filed a criminal complaint under Section 494 RPC before the Court of learned First Additional Sessions Judge, Jammu and, ultimately, respondent No.7 entered into an agreement with the petitioner herein, which was duly registered before the Court of learned Sub Registrar, Jammu on 11.09.1998. In terms of the said agreement, besides other conditions, respondent No.7 had agreed to pay Rs.1400/- per month as maintenance to the petitioner herein till he remains in active Government service and after the retirement of respondent No.7, he had agreed to pay 33% of the total pensionary benefits to the petitioner herein. It is averred that respondent No.7 attained the age of superannuation in the month of March 2006 and till then he had been paying the amount of Rs.1400/- per month to the petitioner herein in terms of the agreement. However, after his retirement, respondent No.7 stopped paying 33% of the total pensionary benefits to the petitioner herein. Hence, the present petition.

(3.) Learned counsel appearing for petitioner argued that the petitioner is a lady having no source of income and is fully dependent upon the income which was being received by her pursuant to the agreement arrived at between respondent No.7 and the petitioner herein. Now, because of non- payment of monthly pensionary benefits, she has been suffering badly.