LAWS(JHAR)-2009-11-103

KUNTI DEVI Vs. UNION OF INDIA

Decided On November 20, 2009
KUNTI DEVI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS petition has been filed under Article 227 of the Constitution of India under the supervisional jurisdiction of this Court.

(2.) IN substance, the petitioner filed a suit before learned Munsif, 2nd, Dhanbad in Title Suit No. 49 of 2005, in which he has prayed that the plaintiff be declared legally married wife of late Dasai Ram and also railway authority may be directed to provide employment, pension and other service benefits to the petitioner Kunti Devi and nor to any other person and "further prayed to stop pension and employment to any person except Kunti Devi".

(3.) THE defendant nos. 1, 2 and 3 had filed the written statement asserting that late Dasai Ram has nominated Smt. Pushpa Devi as beneficiaries of the pension in the records of the defendants. The Union of India also denied that the petitioner -plaintiff is the second wife of the late Dasai Ram. The rest of the defendant nos. 4 and 5 i. e. son of the first wife and Smt. Pushpa Devi, who is the first wife, denied the factum of marriage with the plaintiff petitioner and they stated that Smt. Pushpa Devi is only married wife of the deceased and they are entitled to get the benefit of the pension and other benefits of the deceased.