IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2754 of 2011(T)
1. GAJARA BHAI,W/O.LATE GOPINATHAN
... Petitioner
Vs
1. UNION OF INDIA,REPRESENTED BY SECRETARY,
... Respondent
2. THE CHIEF COMMISSIONER OF CENTRAL
3. ASSISTANT COMMISSIONER OF CENTRAL
4. SMT.SUBHASHINI,D/O.LAKSHMI,LAKSHMI
For Petitioner :SRI.THYPARAMBIL THOMAS THOMAS
For Respondent :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :08/02/2011
O R D E R
S. Siri Jagan, J.
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W.P(C) No. 2754 of 2011
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Dated this, the 8th day of February, 2011.
J U D G M E N T
The petitioner claims to be the widow of late Sri. S. Gopinathan,
who was a Government servant, who retired on 9.6.2002 and died on
14.5.2009. The petitioner’s grievance in this writ petition is that
family pension is being paid to the 4th respondent, who is not the
legally wedded wife of deceased Sri. Gopinathan whereas the
petitioner is.
The question as to who is the legally wedded wife of late Sri.
Gopinathan is a question of fact, which has to be proved by evidence.
That can be done only in a suit filed for that purpose. Therefore,
without prejudice to the right of the petitioner to get the fact
established by filing a suit and to seek payment of family pension
based on the decision in such suit, this writ petition is dismissed.
Sd/- S. Siri Jagan, Judge.
Tds/
[TRUE COPY]
P.S TO JUDGE.
