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High Court of Himachal Pradesh · body

2026 DAILYLAW 25209 (HP)

SUKHAN DEVI v. STATE OF HP AND ORS

CWP/4884/2020 · 2026-09-28

Jyotsna Rewal Dua

Public Interest Litigationbody2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4884 of 2020 Decided on: 28th September, 2026 ------------------------------------------------------------------------------------- Sukhan Devi …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Tarun K. Sharma, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate General, for respondents No.1 and 2. None for respondent No.3. Mr. Kapil Sharma, Advocate vice Mr. Vijender Katoch, Advocate, for respondent No.4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Heard and considered the case file. 2. Sh. Khem Chand retired from the respondent- Education Department on 31.10.2010. Respondent No.4 is in receipt of family pension as wife of Sh. Khem Chand. Petitioner has preferred this writ petition staking claim 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 upon family pension asserting that she is the only legally wedded wife of late Sh. Khem Chand. 3. Respondents No.1 and 2 as also respondent No.4 have filed their respective replies to the writ petition. Respondent No.4 has pleaded that she was married to Sh. Khem Chand as per the Hindu Rites and Ceremonies on 01.06.1971. Her marriage registration certificate has also been placed on record. She has also asserted that during the long continuous co-habitation of about 49 years, the couple was blessed with three children. Their names have been duly recorded in the parivar register, which has also been placed on record. 4. Petitioner’s assertion of her having married Sh. Khem Chand on 07.02.1972 has been emphatically denied by the respondents. There is no evidence on record, documentary or otherwise, to prove the factual contentions of the petitioner. 5. Facts being in dispute, learned counsel for the petitioner sought permission to withdraw the writ petition with liberty reserved to the petitioner to seek appropriate remedy for the redressal of her grievances in accordance with law. 3 Granting such permission, the present writ petition is disposed of as withdrawn. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua September 28, 2026 Judge Mukesh