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1 - 10 of 13 (0.55 seconds)Section 7 in The Hindu Marriage Act, 1955 [Entire Act]
Article 41 in Constitution of India [Constitution]
The Hindu Marriage Act, 1955
Shanti Devi vs State Of Haryana And Ors. on 7 April, 1999
6. Learned counsel submitted that the husband of the petitioner was
working as ASSA with the then HSEB, now respondent-Nigam. Unfortunately,
on 10.11.1991, he died in harness. The petitioner was granted family pension
and, appointment as Peon on compassionate grounds after his death.
Subsequently, in the year 1992, the petitioner was wedded to Satywan Singh,
real brother of the deceased, by way of karewa marriage. Thereafter, the family
pension was stopped in her name and initiated in the name of her daughter with
the deceased-Sarita Rani w.e.f. 05.01.1995. However, Sarita Rani got married
in October, 2008 and the family pension was transferred to their son-Manjit
Singh w.e.f. 01.11.2008. The family pension of the son of the petitioner was
stopped in January, 2017 when he attained the age of 25 years. Learned counsel
relies upon the judgment of this Court in Shanti Devi vs. State of Haryana and
others CWP No.17970-2008 (Annexure P-4) and Angrejo Devi vs. Haryana
Vidyut Parsaran Nigam Limited and others CWP No.17440-2011 (Annexure
P-5) wherein, it was opined that family pension of a widow cannot be stopped
on account of karewa marriage. The respondent-Nigam has rejected the genuine
claim of the petitioner vide impugned order dated 18.05.2017 (Annexure P-6)
by passing a cryptic and non-speaking order. Lastly, the act and conduct of the
respondent-Nigam in unjustly withholding family pension, being property in
terms of Article 300-A of the Constitution of India, also entitles the petitioner to
interest upon the same.
D.S. Nakara & Others vs Union Of India on 17 December, 1982
11. Oftentimes, retiral benefits are the only source of income for many
families, especially when the primary breadwinner has passed away. The kin of
the retired/deceased employees not only rely on the same for fiscal security but
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also for their very survival. It was also observed in D.K. Nakara and others vs.
Union of India (1983) 1 SCC 305 that pension and retiral benefits are not
bounty by nature but in fact, are akin to wages, relied upon the pensioner and
his family for assistance.
Francis Coralie Mullin vs The Administrator, Union Territory Of ... on 13 January, 1981
12. Furthermore, the right to life enshrined in Article 21 of the
Constitution of India, is not limited to mere animal -like existence but includes
the right to live a dignified meaningful life. The Hon'ble Supreme Court in
Francis Coralie Mullin vs. Administrator, Union Territory of Delhi (1981) 1
SCC 608 has opined that any act offending human dignity constitutes a
violation of Article 21 of the Constitution of India. It was further clarified that
bare necessities such as "adequate nutrition, clothing and shelter over the head
and facilities for reading, writing and expressing oneself in diverse forms,
freely moving about and mixing and commingling with fellow human beings"
Deepika Singh vs Central Administrative Tribunal on 16 August, 2022
18. Moreover, a Two Judge bench of the Hon'ble Supreme Court
in Deepika Singh vs. Central Administrative Tribunal, 2022 INSC 834, has
also insisted upon adopting a liberal approach while interpreting beneficial
policies. Speaking through Dr. Justice. Dhananjaya Y. Chandrachud, observed
as follows:
K H Nazar vs Mathew K Jacob on 30 September, 2019
In KH Nazar v. Mathew K Jacob, (2020) 14 SCC 126 this
Court noted that beneficial legislation must be given a liberal approach: