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SCA/7922/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7922 of 2010
=========================================================
PUSHPABEN
DHANSUKHLAL WD/O NO.6593989, SAINIK DHANSUKHLAL - Petitioner
Versus
UNION
OF INDIA & 1 - Respondents
=========================================================
Appearance :
MR
BIPIN I MEHTA for
Petitioner: MR VICKY B MEHTA for Petitioner
None for Respondents:
1 - 2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 11/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the petitioner. In the present petition, the
petitioner has been denied the family pension on the ground that she
was the second wife. The marriage had taken place during the
subsistence of another marriage and in terms of Hindu Marriage Act,
1955, when the first wife is alive, the second marriage is null and
void. The contention of the learned counsel for the petitioner that
there was a customary divorce from the first wife and therefore, the
second marriage can be considered as customary marriage.
There
is no judicial recognition of the first divorce and from the
affidavit produced on record, it cannot be said that same was custom
prevailing in the society to which the petitioner belongs. In that
view of the matter, it cannot be said that reasons given for denial
of family pension are in any way perverse. In that view of matter,
the petition is merit less and is accordingly rejected.
(BHAGWATI
PRASAD, J.)
(S.R.
BRAHMBHATT, J.)
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