Petitioner sought release of retirement benefits due to matrimonial discord. Court allowed claim conditional upon filing an undertaking to maintain the legally wedded wife.
Release of retiral benefits conditional upon filing an undertaking to maintain the respondent-wife, to be disposed within two months.
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Court No. - 6 Case :- WRIT - A No. - 1463 of 2019 Petitioner :- Raj Kishor Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition has been preferred seeking release of retiral benefits in respect of the petitioner who has retired from the service of the respondents on 30 June 2016.
The issue appears to have arisen consequent to a matrimonial discord between the petitioner and his legally wedded wife Smt. Sushila Devi. It is in that context and bearing in mind certain allegations which have been made by the wife of the petitioner that the respondents had called upon him to furnish an undertaking that he shall maintain and look after her. Learned counsel for the petitioner, on instructions, states that the petitioner undertakes to file the requisite undertaking before the respondents for the purposes of expedition of his claim for release of retiral benefits.
Learned Standing Counsel appearing for the third and fourth respondents states that subject to the petitioner filing an undertaking to maintain and look after his legally wedded wife, his claim for release of retiral benefits shall be attended to and disposed of in accordance with law and preferably within a period of two months from the date of presentation of a certified copy of this order.
Accordingly, this petition shall stand disposed of in light of the statement noted above.
Order Date :- 29.1.2019/faraz
Raj Kishor
State Of U P
Yashwant Varma
As recorded by the court registry
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