wp­5802­11.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5802 OF 2011 Sou. Maya Shahaji Mali ..Petitioner Vs. Hindustan Petroleum Corporation Ltd. and Anr. ..Respondents Mr. Domnic Briganza i/b Ravindra Chingale for Petitioner Mr. Minoo Siodia i/b M/s. Rustamji Ginwala for Respondents CORAM : S.A.BOBDE AND SMT. V.K.TAHILRAMANI, J J. RESERVED ON : DECEMBER 15, 2011. DECLARED ON : DECEMBER 21, 2011. ORDER [PER SMT. V.K.TAHILRAMANI,J.]: 1. Heard the learned Counsel for the Petitioner and the learned Counsel for the Respondents. 2. The case of the Petitioner is that she submitted an application for LPG distributorship under Rajiv Gandhi Gramin LPG Vitaran Yojana. She was informed by letter dated 9.8.2010 that she was qualified for a draw for the selection under the Rajiv Gandhi Gramin LPG Vitaran Scheme. The Petitioner was granted distributorship under 1 wp­5802­11.doc the said Scheme. However, by letter dated 4.3.2011 the Respondents cancelled the distributorship of the Petitioner. 3. The case of the Respondents is that they cancelled the distributorship of the Petitioner as she is the second wife of Shri. Shahaji Mali, as such, she is not legally wedded wife of Shri. Shahaji Mali. Hence, she could not have been awarded distributorship, therefore, the distributorship came to be cancelled. 4. The case of the Petitioner is that she belongs to a caste wherein there is a custom that a person can have two wives. However, the Petitioner has not produced any proof in support of her claim. 5. The learned Counsel for the Respondents placed reliance on the decision of the Supreme Court in the case of Yamunabai Anantrao Adhav Vs. Anantrao Shivaram Adhav, reported in 1988 LawSuit (SC) 77. In the said decision, the Supreme Court has held that the word `wife' means “the legally wedded wife only”. The marriage of a woman to a person already having living spouse, is not a marriage and such woman cannot be said to be a legally wedded wife. It is an admitted fact that the Petitioner is the second wife of Shri. Shahaji Mali and the first wife of Shri. Shahaji Mali is alive. In such case, we find no fault with the 2 wp­5802­11.doc authorities for cancelling the LPG distributorship which was granted to the petitioner under the Rajiv Gandhi Gramin LPG Vitaran Yojana. 6. Writ Petition is dismissed. [ SMT. V.K.TAHILRAMANI,J.] [ S.A.BOBDE, J. ] 3