Dismissed¶35

P.Sundari v. The Director

Family pension – Legally wedded wife

Madras HC8 Jun 2026WA/2057/2023

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What is this about?

Madras High Court writ appeal (WA No. 2057 of 2023, Neutral Citation 2026:MHC:2120, decided 08-06-2026) by S.M. Subramaniam J. and R. Kalaimathi J.: dismissal of intra-court appeal against rejection of family pension claim; divorced spouse (decree dated 17.10.1994, HMOP No.55 of 1994) not a legally wedded wife of employee who died 30.10.2002 absent proof of re-union or service register nomination; writ order dated 16.12.2022 in WP.No. 1214 of 2022 confirmed; appeal under Clause 15 Letters Patent dismissed with no costs.

What did the court decide?

In the absence of any records establishing that the appellant rejoined her deceased husband, nor entries in the service register showing her as nominee, the appellant cannot be construed as a legally wedded wife, since she obtained divorce in the year 1994. ¶29

P.Sundari Vs The Director — Madras HC (2026) — LawSathi Research

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2026:MHC:2120

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WA No. 2057 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08-06-2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

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AND

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THE HON'BLE MRS.JUSTICE R. KALAIMATHI

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WA No. 2057 of 2023

P.Sundari

..Appellant(s)

The Director Fire and Rescue Department, Egmore, Chennai-600 008.

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The Assistant Director Fire and Rescue Department, North West Zone, Vellore, Vellore District.

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The District Officer District Fire and Rescue Department, Tiruvannamalai.

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..Respondent(s)

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Writ Appeal filed under Clause 15 of the Letters Patent issuing writ of mandamus to set aside the order dated 16.12.2022 made in WP.No. 1214 of 2022.

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For Appellant(s): Mrs.R.Kalaiyarasi For Respondent(s): Mrs.A.Suganya Government Counsel

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Page1 of 4

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https://www.mhc.tn.gov.in/judis

2026:MHC:2120

WA No. 2057 of 2023

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.)

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The present intra-court appeal has been instituted to assail the writ order dated 16.12.2022 made in WP.No. 1214 of 2022.

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Writ petitioner is the appellant. The order dated 03.01.2022 rejecting the claim of the appellant for grant of family pension is under challenge in the writ proceedings.

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Appellant claims that she is the legally wedded wife of the deceased employee Late.L.Ponnusamy, who was employed in Government department. Admittedly, appellant obtained a decree of divorce in HMOP No.55 of 1994 dated 17.10.1994. However, employee died on 30.10.2002 after a lapse of 8 years from the date of order of divorce.

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Though the learned counsel for the appellant would submit that appellant rejoined with her deceased husband, there is no proof to establish the same, nor entries made in the service register showing her as nominee.

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In the absence of any records, appellant cannot be construed as a legally wedded wife, since she obtained divorce in the year 1994. Thus, writ order is in consonance with the principles of law, and there is no infirmity in

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Page2 of 4

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https://www.mhc.tn.gov.in/judis

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2026:MHC:2120

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WA No. 2057 of 2023

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the order dated 16.12.2022 made in WP.No. 1214 of 2022 and thus, the same

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is confirmed. Accordingly, the writ appeal is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.