KRISHNA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner while claiming following reliefs: -

(2.) THE case set up by the petitioner in this writ petition is that the husband of the petitioner late Bhawani Shankar was serving in the Education Department of the Government of Rajasthan as Teacher Grade III. He died while in service on 18.12.2005. It is contended by the petitioner that earlier her husband Bhawani Shankar was married with one Kamla in the year 1963 but divorced her in the year 1986 and a decree to this effect was issued by the District and Sessions Judge, Jodhpur on 21st of July, 1986. After the said divorce, petitioner got married with Bhawani Shankar on 21.10.1989 and, therefore, she is legally wedded wife of Bhawani Shankar and is entitled for benefits such as family pension, gratuity and amount of state insurance etc. belonging to her husband Bhawani Shankar.

(3.) THE learned counsel for the petitioner has reiterated the grounds raised in the writ petition and has prayed that the relief sought for in the writ petition may be granted to her after declaring her legally wedded wife of late Bhawani Shankar. The learned counsel for the petitioner has further contended that in view of the marriage certificate dated 21st Oct., 1989 issued under Section 13 of the Special Marriage Act 1954, petitioner got married with late Bhawani Shankar in the year 1989 when he had already divorced his first wife in the year 1986 and her husband Vijay Singh was also not alive and, therefore, she is legally wedded wife of late Shri Bhawani Shankar and is entitled for all the benefits as prayed for in this writ petition.