Kerala High Court
Smt. K.K.Usha vs Union Of India on 25 August, 2025
Author: Amit Rawal
Bench: Amit Rawal
W.P(C)No.31957 of 2025
: 1 :-
2025:KER:64891
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
WP(C) NO. 31957 OF 2025
PETITIONER:
SMT. K.K.USHA
AGED 68 YEARS
W/O LATE NAIK M S SURENDRAN PANCHAVADI, POOZHIKKAD,
KUDASANAD PO, PATHANAMTHITTA DISTRICT, KERALA., PIN
- 689501
BY ADV SHRI.P.RAVEENDRAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENSE,
SOUTH BLOCK, NEW DELHI., PIN - 110011
2 THE CHIEF OF THE ARMY STAFF
INTEGRATED HEAD QUARTERS (ARMY) SOUTH BLOCK, NEW
DELHI., PIN - 110011
3 OIC RECORDS
EME RECORDS, INDIAN ARMY, C/O 56 APO., PIN - 900453
4 PRINCIPAL CONTROLLER OF DEFENSE ACCOUNTS (PENSIONS)
OFFICE OF THE PCDA (P) DRAUPATI GARH, ALLAHABAD.,
PIN - 211014
5 ZILLA SAINIK WELFARE OFFICER
W.P(C)No.31957 of 2025
: 2 :-
2025:KER:64891
ZILLA SAINIK WELFARE OFFICE, PATHANAMTHITTA,
KERALA., PIN - 689645
6 SMT. VIMALA
AGED 74 YEARS
W/O. LATE GANGADHARAN, KOTTAMADATHIL HOUSE,
MEZHUVELY VILLAGE, ELAVUTHITTA P.O, ALLEPPY
DISTRICT, KERALA., PIN - 691573
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA
OTHER PRESENT:
DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)No.31957 of 2025
: 3 :-
2025:KER:64891
AMIT RAWAL,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------
W.P(C). No.31957 of 2025
---------------------------------
Dated this the 25th day of August 2025
JUDGMENT
P.V.BALAKRISHNAN,J This writ petition is filed by the petitioner in O.A.No.65/2021 on the files of the Armed Forces Tribunal, Regional Bench, Kochi, challenging the order dated 12.06.2023, dismissing her application seeking family pension.
2. The case of the applicant in brief is as follows:-
The applicant Ms.K.K.Usha, is the wife of late Naik M.S.Surendran, who served the Army from 01.08.1963 to 16.01.1979. The said Surendran was in receipt of service pension till he died on 08.07.2014. He married the applicant on 12.02.1980 and two children were born in the wed-lock. Immediately, after the death of Surendran, the applicant approached the respondents seeking family pension, being the wife of the deceased Surendran.
The respondents rejected the claim of the applicant since, deceased Surendran was already married to one Vimala on 15.09.1975 and at the time of the alleged marriage with the W.P(C)No.31957 of 2025 : 4 :-
2025:KER:64891 applicant, a decree of divorce has not been obtained between Surendran and Vimala. It was also found by the respondents that in the absence of a decree of divorce, the respondents are unable to endorse the name of the applicant, since it amounts to an individual having contracting plural marriage with K.K.Usha during the life time of the first wife Smt.Vimala, without divorcing her. It is aggrieved by the said decision, the applicant approached the Armed Forces Tribunal, by filing the afore O.A.
3. Heard Adv.P.Ravindran, the learned Counsel appearing for the petitioner and Adv.S.Krishna, the learned Central Government Counsel appearing for the respondents.
4. In the instant case, Annexure R1-Kindred Roll and names of heirs and Annexure R2-Declaration Certificate, signed by the applicant and submitted before the respondents clearly show that, deceased Surendran has showed his wife's name as Vimala and also that their marriage had taken place on 15.09.1975.
Annexure R3 Affidavit, submitted by the said Vimala before the respondents on 24.09.1979, also shows that she had married Surendran but, had divorced him on 10.03.1979. The applicant claims that she had married Surendran on 12.02.1980 and has W.P(C)No.31957 of 2025 : 5 :-
2025:KER:64891 been residing with him till his death. The applicant also relies on Annexure A8-legal heir-ship certificate issued in her favour and Annexure A9-affidavit sworn by Vimala stating that she is the wife of late Gangadharan, the brother of late Surendran and not Surendran. The records show that even though the respondents have directed the applicant to produce the decree of divorce obtained from a competent court in respect of the marriage between Surendran and Vimala, the same has not been done. The documents relied on by the applicant and as referred afore, will not in any manner help her to substantiate her claim that Vimala is not the wife of deceased Surendran or that they had effected divorce. At this juncture, we will also take note that Annexure A9 and Ext.R3, both sworn by Vimala are mutually contradictory. It cannot be disputed that, as per Hindu Law, when a legally valid marriage is subsisting, the husband and wife cannot enter into another marriage, without dissolving the earlier marriage. Further, the question of fact as to whether Vimala was the wife of Surendran or Gangadharan and whether the petitioner has married Surendran, cannot be decided in this writ petition or before the Armed Forces Tribunal. Therefore, considering all the afore facts and W.P(C)No.31957 of 2025 : 6 :-
2025:KER:64891 circumstances, we are of the view that there is no illegality or error in the order passed by the Tribunal dismissing the O.A. Ergo, we find no merit in this writ petition and the same is accordingly dismissed.
AMIT RAWAL Judge P.V.BALAKRISHNAN Judge dpk W.P(C)No.31957 of 2025 : 7 :-
2025:KER:64891 APPENDIX OF WP(C) 31957/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OA NO.65 OF 2021 ON THE FILES ARMED FORCE TRIBUNAL, KOCHI Exhibit P2 TRUE COPY OF THE REPLY STATEMENT IN OA NO.65 OF 2021 ON THE FILES ARMED FORCE TRIBUNAL, KOCHI Exhibit P3 TRUE COPY OF THE MA NO. 346 OF 2023IN OA NO.65 OF 2021 ON THE FILES ARMED FORCE TRIBUNAL, KOCHI.
Exhibit P4 TRUE COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF RAMESAN ISSUED BY THE HEAD MISTRESS, SNDP, MUTTATHUKONAM SCHOOL Exhibit P5 TRUE COPY OF THE ORDER DATED 12-06-2023 IN OA NO.65 OF 2021 ON THE FILES ARMED FORCE TRIBUNAL, KOCHI