RAM PYARI SUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition is preferred by the petitioner with following prayer:-

(2.) The short controversy raised herein is that : Whether the petitioner, who claimed to be wife of the deceased Government servant Puran Lal Saini is entitled for family pension or not?

(3.) Learned counsel for the petitioner submits that after death of first wife, deceased Puran Lal Saini has solemnized marriage with the petitioner Ram Pyari Suman and out of the wedlock, the petitioner has given birth to one female child. He further submits that due to some matrimonial dispute with Puranlal, the petitioner was constrained to file a proceeding under Sec. 125 of CrPC before the Family Court, Kota, wherein the Family Court has granted maintenance and same is paid by late Shri Puran Lal Saini. He further submits that after some time, an application for enhancement in maintenance is filed under Sec. 127 of CrPC wherein deceased Puran Lal Saini has appeared as a witness and his admission clearly indicate that he considers present petitioner as his wife.