counsel for respondent No.3 submits that
there is a possibility of remarriage of the appellant and,
therefore, the award of the learned Tribunal should ... Union of India , 2005 ACJ 1389 in
which it was held that remarriage of the widow cannot
deprive her of the compensation payable
Whether, the appellant was obliged to undergo Halala
prior to her remarriage with the respondent on 5th April,
2007?
(iii)If the divorce under ... Khula, whether the
appellant-wife was obliged to undergo Halala before the
remarriage on 5.4.2007 ?
(iv)Whether the petition filed by the appellant-wife
dependency from the date of accident till the date of
her remarriage. The learned counsel for DTC has referred to
and relied upon the judgment ... held that the widow shall
be entitled to compensation only till her remarriage. The
learned counsel submits that the widow got remarried within
three years
they claim in joint
possession of schedule-II lands by inheritance after remarriage of defendant
No. 10 who has been living in Deoriya with ... case of the
plaintiffs. According to Mr. Shahi, she admitted her remarriage with Chhedi
Singh in her pleading as well as in evidence
months i.e. from date of accident till date of remarriage
as Rs.39,660/- and taking into consideration the young age
of the claimant ... into
consideration the loss and gain by claimant by subsequent
event of remarriage and placed reliance on decision
reported in AIR 1983 Patna
months i.e. from date of accident till date of remarriage
as Rs.39,660/- and taking into consideration the young age
of the claimant ... into
consideration the loss and gain by claimant by subsequent
event of remarriage and placed reliance on decision
reported in AIR 1983 Patna
order of maintenance to the minor son and the respondent, till her remarriage on 17.04.2006. Thereafter, the appellant filed SLP (Crl) No.1131 ... better placed in the custody of the father."
48. As regards remarriage, in Vellaichamy Nadar v. Jayashree reported in 1998 (3) LW 236, father
Appellate Court's
decision, the respondent herein got remarried. However, the
remarriage by the respondent does not make the appeal as
infructuous. In support ... marriage was registered on
05.02.2007. He has, therefore, submitted that the said remarriage
is contrary to the judgment of the Apex Court and on that
Darji,
learned Counsel appearing for the respondent submitted before us
that after remarriage, respondent is not interest in claiming any
maintenance. But he made grievance ... remain for paying
the maintenance to the wife until the date of remarriage. It
appears to us that in view of the declaration made
position in her statement on the point of
divorce and remarriage of opposite party no.2 without the help of any
one.
-3-
The second ... petitioner has come
in picture that after divorce from Motiur Rahman Khan, remarriage
could be allowed only if opposite party no.2's marriage
