URMILA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The legal issue involved in this petition is 'whether the first or the second wife/widow of the deceased employee or both are entitled to get family pension?' The other issue is 'whether a Succession Certificate is required for getting family pension?' It is in this background that issue involved in this petition is required to be decided.

(2.) By way of filing of this petition, the petitioner is seeking a direction against the respondents to grant her family pension.

(3.) Learned counsel for the petitioner submits that husband of the petitioner stood retired from the post of Deputy Chief Inspector on 31/7/1993, after attaining the age of superannuation. Counsel submits that a divorce petition was filed by husband of the petitioner under Sec. 13 of the Hindu Marriage Act, 1955 (for short "the Act of 1955") before the Family Court. However, the same was returned to him vide order dtd. 23/7/1987 for presenting the same before the Competent Court of Law. Counsel submits that after passing of the aforesaid order, husband of the petitioner never submitted any divorce petition against the petitioner before any Competent Court of Law. Counsel submits that when husband of the petitioner stopped maintaining her, she approached the Court of Metropolitan Magistrate No.18, Jaipur Metro seeking maintenance by way of filing an application under Sec. 12 of the Domestic Violence Act, 2005 (for short "the Act of 2005"). Counsel submits that a reply to the said application was submitted by the husband, wherein, he admitted that the petitioner is his legally wedded wife, but social divorce has taken place between them. Counsel submits that an interim order was passed in favour of the petitioner vide order dtd. 7/7/2015, by which the husband was directed to pay an interim maintenance of Rs.4,000.00 per month to the petitioner. Counsel submits that the aforesaid order was assailed by the petitioner by way of filing an appeal for enhancement of the amount of maintenance before the Special Court (Fake Currency), Jaipur City Jaipur and the said appeal was allowed and the interim amount of maintenance of Rs.4,000.00 per month was enhanced to Rs.7,000.00 per month vide order dtd. 27/10/2015. Counsel submits that unfortunately, husband of the petitioner died on 7/10/2016 and after the death of husband of the petitioner, the petitioner submitted an application before the respondents on 21/10/2016 seeking family pension. Counsel submits that instead of passing the order of family pension in favour of the petitioner, the respondents directed the petitioner to get a succession certificate from the Competent Court of Law for getting pension. Counsel submits that since the petitioner is the legally wedded wife of the deceased, therefore, under these circumstances, she is not supposed to get the succession certificate from any Competent Court. Counsel submits that in the judicial proceedings pending before the Court of Magistrate, the husband of the petitioner has accepted the status of the petitioner as his legally wedded wife. Hence, under these circumstances, the petitioner is entitled to get the family pension.