IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 2754 of 2011(T) ------------------------- PETITIONER(S): --------------- GAJARA BHAI,W/O.LATE GOPINATHAN (ID NO.1434),AGED 68 YEARS,SANTHOSH BHAVAN, MAMMOODDU CHERI, KOTTAMKARA VILLAGE, CHANNANATHOPU PO,KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.THYPARAMBIL THOMAS THOMAS RESPONDENT(S): --------------- 1. UNION OF INDIA,REPRESENTED BY SECRETARY, PENSION AND FAMILY WELFARE DEPARTMENT,NEW DELHI. 2. THE CHIEF COMMISSIONER OF CENTRAL EXCISE,CUSTOMS & SERVICE TAX, C..R.BUILDING, I.S.PRESS ROAD, ERNAKULAM,COCHIN-18. 3. ASSISTANT COMMISSIONER OF CENTRAL EXCISE,CUSTOMS & SERVICE TAX,KOLLAM DIVISION, KOLLAM. 4. SMT.SUBHASHINI,D/O.LAKSHMI,LAKSHMI BHAVAN, NEDUNGOLAM , CHERI PO, S.PARAVUR VILLAGE, KOLLAM TALUK, KOLLAM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 2754 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th day of February, 2011. J U D G M E N T The petitioner claims to be the widow of late Sri. S. Gopinathan, who was a Government servant, who retired on 9.6.2002 and died on 14.5.2009. The petitioner's grievance in this writ petition is that family pension is being paid to the 4th respondent, who is not the legally wedded wife of deceased Sri. Gopinathan whereas the petitioner is. The question as to who is the legally wedded wife of late Sri. Gopinathan is a question of fact, which has to be proved by evidence. That can be done only in a suit filed for that purpose. Therefore, without prejudice to the right of the petitioner to get the fact established by filing a suit and to seek payment of family pension based on the decision in such suit, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.