IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 519 of 2008(J) ------------------------ PETITIONER: ------------ ANNAMMA P.X., W/O. CLEETUS FERNANDAS, AGED 47 YEARS, RESIDING AT KUNNEL HOUSE, ST.JOHN PATTAM BEACH ROAD, FORT KOCHI, KOCHI-1. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT: ------------- 1. SECRETARY, CORPORATION OF KOCHI. 2. K.M.PUSHPA, KUNNEL HOUSE, SOUTHERN SIDE OF THONIPALAM, PUTHUVYPU VILLAGE, ERNAKULAM DISTRICT. BY SC,COCHIN CORPORATION ADV. SRI.PRAVEEN K.JOY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 519 of 2008 -------------------------- Dated this the 1st February, 2008 J U D G M E N T Petitioner prays for a direction to the 1st respondent to disburse the service benefits relatable to now deceased Cleetus Fernandez on the premise that she had married the said Cleetus Fernandez on 6.5.1993, as evidenced by Exhibit P1. Petitioner concedes that Cleetus Fernandez was earlier married to the 2nd respondent. It is not clear whether the said marriage was dissolved, in accordance with law. In other words, there is a dispute as to the status of the parties. This can be resolved only by the Civil Court. 2. I heard the learned Standing Counsel for the Corporation Mr.Praveen K.Joy also. He submits that the benefits due under the account of late Cleetus Fernandez have not been disbursed so far to any person. In fact, no application has been received in the 2nd respondent Corporation for the said benefit from any person. Submission is recorded. W.P ( C) No. 519 of 2008 2 In the result, this writ petition is disposed of permitting the petitioner to approach the Civil Court seeking an appropriate declaration as regards the entitlement to the service benefits due under the account of late Cleetus Fernandez. In the circumstances, to enable the parties to approach the Civil Court and seek appropriate reliefs, the 1st respondent is directed to retain the service benefits due under the account of Cleetus Fernandez for a period of six months from today. The disbursal of service benefits thereafter shall be governed by the orders, if any, to be passed by the Civil Court. (V.GIRI, JUDGE) ma W.P ( C) No. 519 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007