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Allahabad High Court
Smt. Shashi Devi vs State Of U.P. & Others on 28 January, 2010
Court No. - 38

Case :- WRIT - A No. - 4034 of 2010

Petitioner :- Smt. Shashi Devi
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Rajesh Yadav
Respondent Counsel :- C.S.C.

Hon'ble Amreshwar Pratap Sahi,J.

The petitioner’s husband was admittedly employed in the
Provincial Armed Constabulary on the date when she was selected
on an income certificate of Rs. 12,000/-. The said income
certificate was either manipulated or incorrect inasmuch as the
income of the husband was suppressed.

Learned counsel for the petitioner contends that at the time of
engagement of the petitioner it was stated that she was living
separately from her husband.

There is no decree of divorce and as such the presumption in law
would be that the selection of the petitioner was made when she
was living as a lawfully wedded wife. Apart from this, neither the
Court nor the petitioner desires that the husband of the petitioner
should live separately.

Accordingly there is no merit in the writ petition, in view of this
the writ petition is accordingly dismissed.

28.1.2010
Shiraz


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