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Documents citing Sitabai Sinodia And Ors. vs Regional Provident Fund Commissioner ... on 22 March, 2002

Southern Railway vs Omana

In the decision reported in Rameshwari Devi's case and in Sitabai Sinodia's case, the Supreme Court has held that after the coming into force of the Hindu marriage Act, only a legally wedded wife is entitled to claim the Mat. Appeal Nos.731/2013 & 127/2014 -6- pensionary benefits. The person whose marriage is void under Section 5 read with Section 11 of the Hindu Marriage Act is not entitled to get the pensionary benefits. If that be the case without resolving the dispute between the petitioner and the 1st respondent in the lower court, as to who is the legally wedded wife of late Sukumaran it is not proper for the court direct the railways to share the pensionary benefits as agreed between the parties which will be against the law. So under the circumstances decreeing the suit on the basis of the compromise entered into between the petitioner and the 1st respondent in the lower court which is against law has to be set aside and the matter has to be remitted to the court below for fresh disposal in accordance with law giving opportunity to the parties to adduce evidence to declare their status in the manner known to law and then pass a decree directing the 2nd respondent to whom the amount will have to be paid. So the decree and judgment passed by the court below on the basis of the compromise is set aside and the matter is remitted to the court below for fresh disposal in accordance Mat. Appeal Nos.731/2013 & 127/2014 -7- with law. Considering the fact that the case is of the year 2011 the Family Court, Alappuzha is directed to expedite disposal of the case as expeditiously as possible, at any rate within 6 months from the date of receipt of the judgment of this court. Accordingly Mat. Appeal No.731/2013 is allowed and remanded to court below for fresh disposal. In view of the fact that appeal is allowed, no separate order need be passed in Mat. Appeal No.127/2014, since the decree and judgment passed by the court below were set aside and remitted to the court below for fresh disposal.
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