Disposed

Kamlesh Rani and Anr. v. Rajeshwari Devi and Ors.

Punjab & Haryana HC14 Dec 2018RSA/923/2015

Case brief

AI extract

What is this about?

This is an oral order disposing a second appeal by nominal consent as the appellants joined the respondents to agree that future pension benefits would be divided equally between specific beneficiaries, differing from an earlier settlement.

What did the court decide?

Appeal disposed on the basis of consensus that future pensionary benefits are to be divided equally between the unmarried daughter and the widow.

Kamlesh Rani and Anr. Vs Rajeshwari Devi… — Succession and Inheritance | Punjab & Haryana HC (2018)

¶1

-1-

¶2

RSA-923-2015(O&M)

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

RSA-923-2015(O&M) Date of Order:14.12.2018

¶5

KAMLESH RANI AND ANR

¶6

..Appellants

¶7

Versus

¶8

RAJESHWARI DEVI AND ORS ..Respondents

¶9

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

¶10

Present: Mr. Gourav Jain, Advocate, for the appellants.

¶11

Mr. Parveen Garg, Advocate, for respondents no.1 to 4.

¶12

Mr. Puneet Bhandari, Advocate, for respondent nos.5 and 6.

¶13

ANIL KSHETARPAL, J (Oral)

¶14

Plaintiffs-appellants are in the regular second appeal against the concurrent findings of fact arrived at by the courts below, dismissing their suit for declaration that they are entitled to ½ share in the pensionary benefits of late Shri Mohinder Singh, being widow and minor daughter.

¶15

From the facts, it is clear that Mohinder Singh first married with Rajeshwari Devi and 3 sons were born, namely, Shiv Kumar, Satish Kumar and Sudhir Kumar. Thereafter, he married with Kamlesh Rani and one daughter, namely Monika as also one son who later on died were born. During the life time of Mohinder Singh, Kamlesh Rani and Monika filed an application under Section 125 of the Code of Criminal Procedure claiming maintenance. Before the Judicial Magistrate where the proceedings were pending, parties entered into a settlement Ex.CX, which was signed by Mohinder Singh, Kamlesh Rani and Rajeshwari, whereby it was agreed that NARESH KUMAR 2018.12.18 13:46 I attest to the accuracy and integrity of this document Chandigarh

¶16

-2-

¶17

RSA-923-2015(O&M)

¶18

pensionary benefits to which Mohinder Singh would be entitled to, as he was near to retirement, would be equally divided amongst Kamlesh Rani and Rajeshwari Devi. This compromise is the basis of the suit filed by the plaintiffs.

¶19

Defendants contested the suit and pleaded that plaintiff no.1 is not the widow of late Sh. Mohinder Singh because there was no marriage and Rajeshwari Devi is nominee.

¶20

Both the courts as noticed above, dismissed the suit on the ground that agreement Ex.CX cannot extinguish the rights of defendants no.1 to 4 Rajeshwari Devi and her sons and plaintiffs have no concern.

¶21

On 11.12.2018, after hearing arguments, case was adjourned to today enabling counsel representing defendants to seek instructions. Today, counsels for the parties after getting instructions from their respective clients have come to a consensus. It may be noticed that plaintiff no.1 (appellant no.1 herein) has also in the meantime died as submitted by learned counsel for the respondents.

¶22

Be that as it may, it has been agreed that all future pensionary benefits would be divided between Monika and Rajeshwari Devi in equal share.

¶23

In view of the consensus arrived at between the parties, the appeal is disposed of in the manner noticed above.

¶24

December 14, 2018 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

¶25

NARESH KUMAR 2018.12.18 13:46 I attest to the accuracy and integrity of this document Chandigarh

Kamlesh Rani and Anr. v. Rajeshwari Devi and Ors.

Case brief

What is this about?

What did the court decide?

Kamlesh Rani and Anr. v. Rajeshwari Devi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Sahil @ Happy Vs State of Haryana

Hira Lal @ Hira Singh Vs State of Haryana

Bala Kaur Vs State of Punjab

Paramjeet Kaur Vs Gurpreet Singh and Ors.

Mahesh Chand Vs State of Haryana

(O&M) Prem Kumar Vs Vinod Kuamr