1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3491 /2010 (Panchsheela wd/o P. Gajbhiye vs. General Manager, RBI ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : D.D.SINHA & A.P.BHANGALE, JJ DATED : 19th January, 2011. Heard Mr. S P Kshirsagar, learned counsel for the petitioner and Mr.Bhangde, learned counsel for respondent. This Writ Petition is directed against the order dated 7.7.2009 passed by the respondent no.1 whereby the application of the petitioner for release of 50% of the pensionary benefits in respect of her husband Late P B Gajbhiye, who has expired on 24.2.2009 came to be rejected. Considered the contentions canvassed by the respective counsel. The following facts are not in dispute: The husband of the petitioner P.B. Gajbhiye was a Head Security Guard with the Reserve Bank of India. He expired on 24.2.009. The first wife of late Gajbhiye, Kalawatibai submitted application on 2 2.3.2009 to the Reserve Bank of India for grant of pensionary benefits of late Gajbhiye, to her. Late P B Gajbhiye filled in form No. IV ( nomination form) of RBI, wherein he has nominated his first wife Mrs. Kalawatibai, who would be entitled to receive pension and pensionary benefits. The marriage certificate placed on record so far as the petitioner and late Gajbhiye is concerned, shows that the marriage took place on 28.3.1995. The petitioner vide application dated 25.2.2009 requested the respondent-RBI to release 50 % of pension and pensionary benefits in her favour, on the basis of the will executed by late P B Gajbhiye. Mr. Bhangde, learned counsel for respondent- RBI has brought to our notice clause 16 of the Master Circular of RBI, which reads thus: “(16) Section 5 (1) of the 'Hindu Marriage Act, 1955' stipulates that the marriage cannot be legally solemnized when either party has a spouse living at the time of such marriage. Therefore, any second marriage by a Hindu male after the commencement of the Hindu Marriage Act, 1955, during the lifetime of his first wife will be a nullity and have no legal effect. Such marriage cannot be valid on the ground of any custom. In such cases, the 3 second wife will not be entitled to the family pension as legally-wedded wife. “ The counsel for the respondent has submitted that in view of the above-referred clause of the Master Circular, the Rerserve Bank of India has rejected the application of the petitioner for release of 50 % pension since she cannot be treated to be legally wedded wife wife of the deceased P B Gajbhiye, by order dated 7.7.2009 which is impugned in the present Writ Petition. On the backdrop of the above-referred undisputed facts, it is evident that the petitioner got married with P B Gajbiye during the subsistence of marriage with Smt. Kalawatibai and, in view of the clause 16 she cannot be treated to be legally wedded wife of late Gajbhiye. In that view of the matter, impugned order is just and proper and is also sustainable. No case is made out for showing indulgence. Writ Petition is dismissed. JUDGE JUDGE sahare