Prabha Devi vs The Union Of India & Ors on 21 July, 2014

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Patna High Court - Orders

Prabha Devi vs The Union Of India & Ors on 21 July, 2014

Bench: Ajay Kumar Tripathi

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.14460 of 2007
              ======================================================
              Prabha Devi, aged about 42 years, wife of Late Sada Nand Singh,
              Resident of Village - Bhadansh, Police Station - Sheikhpura, District -
              Sheikhpura
                                                                    .... .... Petitioner/s
                                                  Versus
              1. The Union of India through the Director General of Police, Central
                 Reserved Police Force, New Delhi
              2. The Director General of Police, Central Reserved Police Force, New
                 Delhi
              3.     The Deputy Inspector General of Police, Central Reserve Police
                 Force, Group Center, Mokama Ghat
              4. The Deputy Inspector General Police, Central Reserve Police Force,
                 Patna
              5. The Commandant 36 Bsatalian, Central Reserve Police Force, ITI
                 College, Gaya
                                                                  .... .... Respondent/s
              ======================================================
              Appearance :
              For the Petitioner/s       :   Mr. Gopal Prasad Roy
                                            Mr. Deepak Kumar

              For the Respondent/s : Mr. N. A. Shamsi, ASG
              ======================================================
              CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
              ORAL ORDER
                                            ***************

05.   21.07.2014

Heard counsel for the petitioner and the counsel for the Union of India.

The only reason why the petitioner, who is legally wedded wife (first wife) is not being given her rightful dues on death of her husband is because there is yet another lady, who is claiming benefit from the respondent-authorities.

Prima facie, the Court is in agreement with the submission of the counsel for the petitioner that a second marriage or a second wife's status under the Hindu Marriage Act is a nebulas status, this Court would Patna High Court CWJC No.14460 of 2007 (5) dt.21-07-2014 2/2 not like to push her out from making any claim, but for that she would have to get an appropriate declaration from civil court of competent jurisdiction, but merely because a claim or dispute has been raised by another person claiming to be the second wife, the settlement of claim in favour of the petitioner cannot be held back.

Writ application is disposed off with a direction upon the respondents that the left over claim of the petitioner would now be settled within a period of three months from the date of production / communication of a copy of this Order.

The petitioner may be asked to give an undertaking or an indemnity bond to the concerned authorities that if in future an appropriate decree or judgment in favour of the second wife arises, the indemnity bond given by the present petitioner will take care of the liability of such claim against the Union of India.

Writ application stands disposed off with observation / direction as above.

(Ajay Kumar Tripathi, J.) SKM/-

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Patna High Court - Orders