Renoo Pandey Vs State of U.P. and 3 Others

Court No. - 29

Case :- SPECIAL APPEAL No. - 667 of 2022

Appellant :- Renoo Pandey Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Rishabh Kesarwani,Madhaw Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Misra,J. Hon'ble Vikas Budhwar,J.

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Heard counsel for the appellant and the learned Standing Counsel for the respondents.

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This intra-court appeal has been filed against the judgment and order of the learned Single Judge dated 21.9.2022 by which the writ petition of the petitioner (Writ-A No. 14885 of 2021) seeking quashing of the order rejecting claim for family pension, has been dismissed on the ground that on the date of death of petitioner's husband, the petitioner was no longer the wife as their marital relationship stood dissolved by a decree of divorce dated 6.12.2005 passed in Matrimonial Case No. 130 of 2004 instituted by the petitioner herself.

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It appears that after the death of her husband, to seek the benefit of family pension, a claim was set up by claiming that there had been a fresh marriage, which was not accepted by the WritCourt as there were no public documents brought on record with regard to fresh marriage.

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The petitioner had also claimed that compassionate appointment was offered to the son of the petitioner therefore, the marriage should be deemed subsisting. This contention was negatived by the learned Single Judge on the ground that son would remain a son regardless of his mother being divorced. Hence, compassionate appointment of the son of the deceased would not indicate subsistence of marriage.

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We do not find any error in the view taken by the learned Single Judge.

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The appeal is dismissed .

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Order Date :- 4.11.2022 N.S.Rathour

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Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.11.09 16:28:42 IST Reason: Location: High Court of Judicature at Allahabad

Renoo Pandey v. State of U.P. and 3 Others

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Renoo Pandey v. State of U.P. and 3 Others

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