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2025 DAILYLAW 61319 (ALL)

SMT. RAM BETI v. STATE OF U.P. AND 5 OTHERS

WRIA/27500/2018 · 2025-04-22

Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61623 Court No. - 38 Case :- WRIT - A No. - 27500 of 2018 Petitioner :- Smt. Ram Beti Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dinesh Kumar Maurya Counsel for Respondent :- C.S.C.,Irfanul Huda Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the parties. 2. This writ petition is filed by the petitioner claiming herself to be legally wedded wife of the deceased Manjan Singh, who was an employee of Janta Inter College, Kannauj. He died on 26.02.2018. Thereafter, the petitioner made an application for family pension claiming that she is legal heir of late Manjan Singh. The said application was rejected vide order dated 11.09.2018 declaring that in the service register, Smt. Bhanwati is recorded as wife of the deceased Majan Singh. Hence, claim of the petitioner is contrary to records and accordingly, it was rejected. 3. Assailing the said order, the petitioner is before this Court. The main contention of the petitioner is that she was living with late Manjan Singh for a long time and she is legally wedded wife as 6th respondent has already got divorce and she is not entitled for family pension. 4. Per contra, learned counsel appearing for the 6th respondent has submitted that no marriage has taken place between the petitioner and the deceased Majan Singh. The 6th respondent Bhanwati is wife of the deceased Majan Singh and her name was also recorded in the service register. 5. Considering the submissions of the learned counsel for the parties and perusing the records, it clearly discloses that the dispute between the petitioner and the 6th respondent is relating to the declaration of marriage, which cannot be decided in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. 6. In view of above, the writ petition deserves to be dismissed and is, accordingly, dismissed leaving it open to the petitioner to approach the competent civil court to get declaration of marriage. Order Date :- 23.4.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad