Neutral Citation No. - 2025:AHC-LKO:43971-DB Court No. - 2 Case :- WRIT - C No. - 7553 of 2023 Petitioner :- Kusumlata Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And 3 Others Counsel for Petitioner :- Vimal Kishor Singh,Raj Karan Singh Counsel for Respondent :- C.S.C.,Abhinav Trivedi Hon'ble Rajan Roy,J. Hon'ble Saurabh Lavania,J. Heard Shri Rajkaran Singh, learned Counsel for the petitioner, learned Standing Counsel for the State and Shri Ashish Kumar Pathak, Advocate holding brief for Shri Shishir Chauhan, learned Counsel for the opposite parties. The claim of the petitioner to pension under the Uttar Pradesh State Legislature (Members Emoluments and Pension) Amendment Act, 2023 has been declined on the ground that the petitioner having married Late Hardev Singh, MLA during subsistence of his first marriage, is not entitled to the same, as the second marriage in such circumstances is void in law. Reference has been made to the provisions of the Hindu Marriage Act, 1955. In Paragraph 14 of the writ petition, a claim has been set up that marriage had taken place after Hardev Singh had divorced his first wife in the Panchayat. Such divorce is not recognized in law. Divorce under Hindu law has to be through the Courts and as per law. Apart from the above, reliance was placed upon a succession certificate issued by the Civil Judge (Senior Division), Lucknow, however, on being asked as to whether the first wife was made a party in the said proceedings, learned Counsel fairly submitted that she was not a party in those proceedings. It is not the case of the petitioner that the first marriage was void, nor that a divorce had taken place before the petitioner’s marriage with Late Hardev Singh, as per law. Moreover, the petitioner’s Counsel admits that there are children from the first marriage, although the first wife has died, who has not been impleaded herein. In these circumstances, even though, the petitioner’s Counsel asserts that other dues have been paid to her, we cannot quash the impugned order, as it does not suffer from any error. The second wife who had married Late Hardev Singh during subsistence of his first marriage cannot claim such pension, as rightly opined by the opposite parties. The matter is devoid of merit. The petition is accordingly dismissed. Order Date :- 29.7.2025 Lokesh Kumar [Saurabh Lavania, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench