IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24331 of 2010(N) -------------------------- PETITIONER(S): --------------- JALAJA, AGED 60 YEARS, W/O.HANEEFA,KARITHARA HOUSE, PUTHUVYPPU PO, ERNAKULAM. BY ADV. SRI.T.N.SURESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL, INDIAN AUDIT ACCOUNTS DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL(A&E),KERALA, M.G.ROAD, THIRUVANANTHAPURAM-695 039. 3. THE SUPERINTENDENT OF POLICE, ALUVA. 4. RAHIM V.H,AGED 42 YEARS, S/O.LATE HANEEFA, VELAKKOTTUPUTHENPURA HOUSE, KIZHAKKEKARA PO, MUVA TTUPUZHA, PIN - 682 514. 5. SHAJI, AGED 37 YEARS, S/O.LATE HANEEFA, VELAKKOTTUPUTHENPURA HOUSE, KIZHAKKEKARA PO, MUVA TTUPUZHA, PIN - 682 514. 6. JABBAR, AGED 35 YEARS, S/O.LATE HANEEFA, VELAKKOTTUPUTHENPURA HOUSE, KIZHAKKEKARA PO, MUVA TTUPUZHA, PIN - 682 514. 7. SHAILA, AGED 33 YEARS, S/O.LATE HANEEFA, VELAKKOTTUPUTHENPURA HOUSE, KIZHAKKEKARA PO, MUVA TTUPUZHA, PIN - 682 514. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.24331 of 2010 (N) --------------------------------- Dated, this the 6th day of August, 2010 J U D G M E N T The petitioner claims to be the wife of late Shri.Haneefa, who was a Police Constable, retired on 30/11/2001 and expired on 21/07/2007. The petitioner applied for family pension and that request was eventually rejected by Ext.P6 order dated 13/07/2009 issued by the 2 nd respondent. In Ext.P6, the reason stated is that the deceased had married the petitioner during the existence of his first marriage with one Smt.Pathuma. However, relying on Exts.P3 & P4, learned counsel for the petitioner contends that the first marriage mentioned in Ext.P6 order was not a legally valid marriage. Ext.P3 is stated to be a letter given by the children in the first wedlock of the deceased and Ext.P4 is a certificate stated to have been issued by the Village Officer. 2. In my view, even in spite of Exts.P3 & P4, since the validity of the marriage between the petitioner and the deceased has to be established by the petitioner to claim family pension on WP(C) No.24331/2010 -2- account of the death of her husband, the petitioner will have to move the Civil Court. Then alone only can the petitioner claim the relief sought for in the writ petition, which is for a direction to the respondents to disburse family pension due to her. Therefore, I am not persuaded to allow the relief as sought for in the writ petition. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg