Widow sought family pension of a deceased Defence Security Corps employee, claiming marriage after dissolution of his first wife's marriage. The court found the legality of the marriage disputed and unproven and directed her to obtain a civil declaration of marital status before approaching the respondents again.
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WP(MD) No.15900 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.07.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD) No.15900 of 2024
Vijayalakshmi @ Lakshmi
... Petitioner
Vs.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents herein to grant family pension to the petitioner herein in the light of the order dated 06.06.2018 passed in Succession OP No. 2/2017 on the file of Sub
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Court, Periyakulam and as per the order 23.01.2020 made in WP.NO. 34952/2019 on the file of the High Court of Madras.
For Petitioner : Mr.K.Appadurai For Respondents : Mr.K.Govindarajan Central Government Standing Counsel
ORDER
This writ petition has been filed to direct the respondents herein to
grant family pension to the petitioner herein, in the light of the order dated 06.06.2018 passed in Succession OP No. 2/2017 on the file of Sub Court, Periyakulam and as per the order 23.01.2020 made in W.P.NO. 34952/2019 on the file of the Principal Seat of this Court.
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Corps in Indian Army. After completing 10 years of service, he retired on 07.09.1993.
4. The learned counsel appearing for the petitioner submitted that the petitioner had already married one Venkattammal and the marriage between Venkattammal and the deceased Gopalsamy was dissolved in view of certain misunderstanding between themselves. He has also submitted that the petitioner's marriage was taken place on 08.11.1972, subsequent to the dissolution of the marriage between Venkattammal and the deceased Gopalsamy and therefore, the marriage between the petitioner and the deceased Gopalsamy is a lawful marriage. Further, the first wife of the deceased Gopalsamy did not raise any dispute during her lifetime. Since the family pension has not been given to her, she has filed this writ petition.
5. According to the respondents, the first wife of the deceased
Gopalsamy died in the year 2013 and the legality of the marriage between the petitioner and the deceased is in dispute. Hence, the impugned order was passed by the respondents.
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6. It is seen from the records that the petitioner has been given with communication dated 24.03.2020, wherein it is stated that the petitioner has not proved that her marriage with the deceased Gopalsamy was held only after dissolution of the marriage between the deceased Gopalsamy and Venkattammal. There is also no proof that the
petitioner is the legally wedded wife of the deceased Gopalsamy.
7. On perusal of the records, it is clear that the marriage between the petitioner and the deceased is a mere marriage and hence it is for the petitioner to declare the status as she is the legally wedded wife of the deceased Gopalsamy by filing civil litigation and get such declaration and thereafter, she can file her application to the respondents seeking family pension.
8. With the above observations, this writ petition is disposed of.
No costs.
18.07.2024
Index : Yes / No NCC : Yes / No
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WP(MD) No.15900 of 2024
To
The Tamil Nadu State Transport Corporation ( Kumbakonam ) Ltd., Trichy Region, Trichy.
The Tamil Nadu Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai – 02.
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WP(MD) No.15900 of 2024
R.N.MANJULA, J.
sm
Order made in W.P.(MD)No.15900 of 2024
18.07.2024
1 issue framed by the court
Whether the petitioner proved she was the legally wedded wife of the deceased Defence Security Corps employee so as to be granted family pension.
1 provisions across 1 enactments
Vijayalakshmi @ Lakshmi
The Officer-in-charge records, Defence Security Corps, PIN 901 277, C/o.56, APO
The Officer-in-charge Records, Defence Security Corps Records, Mill Road, Cannaore
Raksha Suraksha Comps Akhilesh, Defence Security Corps
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
