IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP. No. 23017 of 2002(M) ------------------------------- PETITIONER: --------------- K.FATHIMA W/O.LATE I.P.BAVA, ILLATHU PARAMBIL HOUSE, GOODS SHED ROAD, TIRUR. BY ADV. SRI. T. KRISHNAN UNNI RESPONDENTS: ------------------ 1. SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, NEW DELHI. 2. THE RECORDS OFFICER, EME RECORDS, SECUNDERABAD. BY ADV. SMT. I. SHEELA DEVI, ADDL.CGSC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. No. 23017/2002 Order on C.M.P. No. 39417/2002 in O.P. 23017/2002 Dismissed. 18.01.2008 Sd/- KURIAN JOSEPH, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE STATEMENT CERTIFYING THE 2ND MARIAGE OF AMINA BY THE KHATHEEB OF SOUTH JUMA MASJID, B.P.ANGADI, THE PRESIDENT OF KHADIMAL ISLAM SABHA AND THE PRESIDENT OF THALAKKAD GRAMA PANCHAYATH. EXT. P2 : COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE KHATHEEB OF ANNARA JUMA MASJID AUTHENTICATED BY CHAIRMAN OF TIRUR MUNICIPALITY. EXT. P3 : COPY OF THE PLAINT O.S. 27/98 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, TIRUR. EXT. P4 : COPY OF THE JUDGMENT DATED 30.11.1999 IN O.S. 27/98 OF THE MUNSIFF OF TIRUR. EXT. P5 : COPY OF THE COVERING LETTER DATED 30.1.2000 FORWARDING THE DECREE AND JUDGMENT TO THE 2ND RESPONDENT. EXT. P6 : COPY OF THE JUDGMENT DATED 22.5.2001 OF THIS HON'BLE COURT IN O.P. 15566/2001. EXT. P7 : COPY OF THE ORDER IN I.A. 1646/2000 IN O.S. 27/98 OF THE TRIAL COURT. EXT. P8 : COPY OF THE ORDER IN I.A. 1647/2000 IN O.S. 27/98 OF THE TRIAL COURT. EXT. P9 : COPY OF THE COMMUNICATION DATED 19.10.2001 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT. P10 : COPY OF THE LETTER DATED 24.6.2002 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. --------------------------------------- O.P. No. 23017 OF 2002 --------------------------------------- Dated this the 18th day of January, 2008. J U D G M E N T This original petition is filed with the following prayers: a) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to process the family pension claim filed by the petitioner within a period to be fixed by this Hon'ble Court. b) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to pass orders allowing the claim made by the petitioner for family pension as the wife of deceased I.P.Bava. The contention of the respondents is that since the nominee is Smt. Amina, first wife of the deceased I.P.Bava, unless there is legal evidence regarding the marital status of the petitioner and evidence regarding divorce of Smt.Amina, no action can be taken. I am afraid that contention cannot be appreciated. 2. Petitioner was the plaintiff before the Munsiff Court, Tirur in O.S.No.27/1998. The first wife as Smt. Amina was the first defendant and respondents herein were the defendants 2 and 3. The suit was decreed in favour of the petitioner declaring that the petitioner is the wife of late I.P.Bava. It is seen that O.P. No. 23017/02 2 there was no contest regarding the Talaq pronounced on Smt. Amina. The respondents 2 and 3 attempted for an order under Order IX Rule 13 of Code of Civil Procedure and that was dismissed by Exhibit P8. Thus the matter has attained a finality wherein there is a declaration to the effect that the petitioner is the duly wedded wife of Sri.I.P.Bava and she is the only wife at the time of his death. It is significant to note that the first wife Smt.Amina had no objection to the above declaration granted by the Civil Court. It is submitted that she is already married to another person. The petitioner had also produced Exhibit P2 marriage certificate from the Masjid which would also show that she was the wife of late I.P.Bava at the time of his death. In view of the factual position as above, there cannot be any objection on the part of the respondents in processing the claim of the petitioner for family pension. Therefore, this original petition is disposed of directing the respondents to take action on the application filed by the petitioner for family pension within a period of one month from the date of receipt of a copy of this judgment. In case action as above is not taken within the said period, it is made clear that the petitioner will be entitled to O.P. No. 23017/02 3 interest on the claim for family pension at the rate of 12% from the date of the death of Sri.I.P.Bava and the officers responsible for the delay shall be personally liable for the same. KURIAN JOSEPH, JUDGE. smp O.P. No. 23017/02 4 KURIAN JOSEPH, J. O.P. No. 23017 OF 2002 J U D G M E N T 18.01.2008