IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.112 OF 2010 Smt. Kamlabai Murlidhar Chakole versus Smt. Mandabai wd/o Murlidhar Chakole & ors ============================================================ Shri A. J. Khan, advocate for appellant Shri Ambilwade, advocate for repsondent no.1 to 4. ============================================================ CORAM: SMT. VASANTI A. NAIK, J. DATE: 26.4.2010 Heard the learned counsel for the parties. The Second appeal is admitted on the following substantial questions of law: A] Whether the four children of the respondent no.1 were entitled to a share in the family pension in view of the provisions of Maharashtra Civil Services (Pension)Rules 1982? B] Whether the appellant/ defendant no.4 was entitled to any share in the family pension on the ground that she was widow of deceased Murlidhar when both the courts have concurrently held that the respondent no.1 / plaintiff no.1 was the first wife of deceased Murlidhar and Murlidhar had married original plaintiff no.1 and defendant no.4 after coming into force of the Hindu Marriage Act 1956? C] Whether in the absence of any decree for dissolution of marriage between the palintiff no.1 and deceased Murlidhar, the second marriage of Murlidhar with appellant was void and illegal? D] Whether in the absence of any prayer for grant of pensionary benefits to the plaintiffs, the appellate court was justified in granting pensionary benefits to the plaintiffs. Shri Ambilwade, learned advocate waives notice of hearing on behalf of respondents. JUDGE CIVIL APPICATION [CAS] NO. 211/2010 Heard learned counsel for the parties. Perused the judgment passed by the trial and first appellate court. In the facts and circumstances of the case and in the interest of justice, the respondent no.1 is permitted to withdraw 50% of the pensionary benefits accrued till this date and would be entitled to 50% pensionary benefits every month during the pendency of the appeal. Balance 50% of the arrears of pensionary benefits should be placed in a fixed deposit of a nationalized bank initially for a period of three years and the same should be renewed thereafter from time to time during the pendency of the second appeal. 50% of the monthly pensionary benefits which are not payable to the respondent no.1 during the pendency of the appeal may be deposited in a recurring deposit of a nationalized bank during the pendency of the appeal. Civil application is allowed in the aforesaid terms and disposed of. JUDGE SMP.