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2025 DAILYLAW 47614 (ALL)

KANTI SWARUP SHARMA v. UNION OF INDIA AND 5 OTHERS

WRIA/5286/2025 · 2025-04-22

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61127 Court No. - 4 Case :- WRIT - A No. - 5286 of 2025 Petitioner :- Kanti Swarup Sharma Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Prabha Shanker Pandey,Santosh Kumar Tripathi Counsel for Respondent :- A.S.G.I. Hon'ble Ajit Kumar,J. Heard Sri Prabha Shankar Pandey, learned counsel for the petitioner. Nobody has put in appearance on behalf of Union of India despite the notice given to the office of the learned Additional Solicitor General. Petitioner, who is father of late Sanjeevni Sharma, has approached this Court seeking a writ in the nature of mandamus to command respondent Nos.- 2 to 5 not to pay family pension either at normal rate or at the enhanced rate to the respondent No.- 6, namely Rohit Kumar Jha, husband of late Sanjeevni Sharma and also a direction sought to recover the amount of death cum retirement gratuity, leave encashment and provident fund already released in favour of the respondent No.- 6. It is contended by learned counsel for the petitioner that late Sanjeevni Sharma was married to the respondent no.- 6 on 18th December, 2023 but soon after the marriage respondent No.- 6 started torturing her for dowry. She was not only mentally harassed but even was administered with poison and resultantly she died. She was found in a dead condition in the morning of 28th December, 2023 at the residence of respondent No.- 6. Petitioner immediately lodged first information report which was registered as Case Crime No.- 223 of 2023 under Sections 304-B, 498-A, 120-B of the erstwhile Indian Penal Code and Section ¾ of Dowry Prohibition Act, 1961. It is further submitted that in the said criminal case police has already filed chargesheet in the competent court which has taken cognizance in the matter on 15th May, 2024. It is next argued by learned counsel for the petitioner that since respondent No.- 6 has caused death of his wife Ms. Sanjeevni Sharma by administering her poison, this act amounted to murder and hence such charged husband is not entitled to be benefited with terminal dues of late Sanjeevni Sharma. Learned counsel for the petitioner has also placed reliance upon Section 25 of Hindu Succession Act, 1956 which runs as under: "25. Murderer disqualified.―A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder." From the records it transpires that relating to the relief as claimed for before this Court petitioner has already approached respondent No.- 2 by making representation on 29th January, 2025 and has also made representations to other competent authority in the matter. It is further submitted by learned counsel for the petitioner that receipt of representation has been acknowledged by the office of the respondent No.- 2. In the given facts and circumstances of the case, this petition stands disposed of with a direction to the respondent No.- 2 to look into and consider the grievance of the petitioner raised in his representation dated 29th January, 2025 and dispose of the same in accordance with law within a maximum period of two months of production of certified copy of this order. Order Date :- 23.4.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad