Neutral Citation No. - 2025:AHC-LKO:12132 Court No. - 6 Case :- WRIT - A No. - 2309 of 2025 Petitioner :- Urvashi Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Medical And Health Deptt. Lko. And Another Counsel for Petitioner :- Sushil Kumar,Fuhar Gupta Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Ms. Fuhar Gupta, learned counsel for petitioner, Ms. Deepshikha, learned Chief Standing Counsel for the State and perused the material available on record. 2. It has been submitted by learned counsel for petitioner that the petitioner was married to one Dr. Ram Babu, who was lastly working on the post of Director in the Health & Family Welfare Department, Government of U.P. and retired on attaining the age of superannuation in July 2007. The petitioner claims to be the wife of Dr. Ram Babu. 3. It has further been submitted that the petitioner is the second wife of Dr. Ram Babu, who was previously married to one Sharda Devi, who passed away in the year 2011. It has further been stated that the petitioner has a daughter out of wedlock with Dr. Ram Babu and in the aforesaid circumstances, the petitioner has claimed payment of family pension from the respondents. By means of the impugned order dated 08.12.2023, the claim of the petitioner was rejected stating therein that as per service record maintained with the department, Dr. Ram Babu had only one wife namely, Sharda Devi and other legal heirs are Shri Navneet Singh and Shri Pramad Singh. It has further been stated that there is no record with the department indicating that Dr. Ram Babu was ever married to the petitioner and consequently, on the basis of the aforesaid fact and material available on record, the claim of the petitioner cannot be allowed and accordingly, was rejected. 4. Learned counsel for petitioner has submitted that the petitioner has a registered will in her favour executed on 23.09.2014 which clearly indicates that the petitioner was married to Dr. Ram Babu. Apart from the aforesaid will, there is no other material relied upon by the petitioner to stake her claim to be married with Dr. Ram Babu and in the aforesaid circumstances, has filed present writ petition for quashing of the order dated 08.12.2023 and for a direction to the respondents to pay family pension to the petitioner and to treat the petitioner to be the wife of Dr. Ram Babu. 5. This petition is opposed by learned Chief Standing Counsel, who has submitted that in order to stake her claim for family pension, the petitioner will have to firstly demonstrate that she was legally married to Dr. Ram Babu and also that the Will is genuine and capable of being relied upon. Apart from which, the very factum of marriage will have to be demonstrated by the petitioner. It was stated that these are the facts, which can be looked into by the civil court of competent jurisdiction where the petitioner can make a prayer for declaration and only thereafter after such a declaration is passed, the appropriate authority can pass appropriate orders giving the petitioner benefits of dues on the death of the government servant, namely her husband. 6. Having hear rival contentions of learned counsel for parties, this Court has noticed that there is no document, which can be unequivocally point out towards the wedding of the petitioner with Dr. Ram Babu. In the impugned order, it has been stated that as per service records maintained by the respondents, the government servant was married to Smt. Shard Devi and two sons have been shown to be legal heirs, namely, Shri Navneet Singh and Amad Singh. In the service record there is no mention that the petitioner is also the wife of government servant and in absence of any material on the service records, this Court does not find any infirmity in the impugned order rejecting the claim of the petitioner. 7. Apart from the above, it is noticed that in case the petitioner seeks family pension on the death of a government servant, it was incumbent to seek a declaration from the court of competent jurisdiction, which could have been examined all the material which is with the petitioner to demonstrate that she is legally wedded wife of Dr. Ram Babu. A registered will in itself would not be material sufficient to indicate a valid marriage, inasmuch, as all the ingredients of a valid marriage will have to be demonstrated by the petitioner at the stage of seeking of such declaration, the entire writ petition is silent. There is no particular even in the writ petition, which may indicate the date or place or in presence of such persons, the petition had solemnized marriage with Dr. Ram Babu. 8. In light of the above, this Court does not find any reason to doubt the correctness of the impugned order dated 08.12.2023 and in case the petitioner seeks to stake claim for family pension, it would be incumbent upon the petitioner to seek a proper declaration from the court of competent jurisdiction and thereafter her claim can be considered. 9. Subject to aforesaid observations/directions, this petition is dismissed. . (Alok Mathur, J.) Order Date :- 28.2.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench