Regular Second Appeal No. 3026 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 3026 of 2008. (O&M) Date of Decision: 7.1.2009 *** Nirmal .. Appellant VS. Punjab State Electricity Board & Anr. .. Respondents. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Munish Behl, Advocate for the appellant. *** ARVIND KUMAR, J. Delay condoned. The appellant is the plaintiff in the suit for permanent and mandatory injunction filed against the respondents claiming half share in the retiral benefits of her husband-respondent No.2. It emerges out from a perusal of the impugned judgments passed by the Courts below that there is no serious dispute to the fact that the appellant is the wife of respondent No.2, although the legality of the said marriage is in dispute as husband has already filed a petition under Section 11 of the Hindu Marriage Act. Both the Courts below, without falling into intricacy as to whether the said marriage between the parties is void or not concurrently held that in the absence of any provision or rule, the appellant cannot claim half share in the retiral benefits of her husband, especially during his lifetime and rightly held that the appellant-plaintiff has other remedy available to claim maintenance from her husband. Nothing has been shown by learned counsel for the appellant to take a contrary view. No ground is made out to interfere with the concurrent findings of fact Regular Second Appeal No. 3026 of 2008 2 recorded by both the Courts below. No substantial question of law, which is sine qua non for admission of appeal is made out. The appeal is wholly without merits and the same is accordingly dismissed in limine. (ARVIND KUMAR) JUDGE January 7,2009 Jiten