THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.16393 of 2010 ORDER: Respondent No.3 was employed as Station Technician in the South Central Railway. In the recent past, he retired from service on 30.06.2010. Through his first wife, respondent No.3 has two children. After the death of the first wife, he married her sister, the petitioner herein, and a daughter was born out of this wedlock. The petitioner states that respondent No.3 neglected to maintain her and various steps taken by her to recover the amount of maintenance would be frustrated in case the retirement benefits are paid to him. Therefore, she prays for a direction to respondent Nos. 1 and 2 not to release the retirement benefits in favour of respondent No.3. Respondent No.3 filed a counter-affidavit opposing the writ petition. He states that the petitioner has suppressed several facts, such as filing of D.V.C.No.3 of 2010 in the Court of the II Additional Judicial Magistrate of I Class, Warangal and O.S.No.351 of 2010 on the file of the I Additional Senior Civil Judge, Warangal. Heard Sri B.H.R.Chowdary, learned counsel for the petitioner, Smt.P.Pushpinder Kaur, learned Standing Counsel for respondent Nos.1 and 2 and Sri P.Krishna Reddy, learned counsel for respondent No.3. On the face of it, the writ petition is not maintainable. The petitioner has suppressed the proceedings instituted by her against respondent No.3. As of now, she does not have right vis-à- vis the retirement benefits of respondent No.3. In case she intends to make any claim, she has to institute proceedings. It is only after a decree or order is passed in such proceedings that respondent No.3 can be made to pay the amounts. This Court takes serious exception to the attitude of the petitioner in misusing the process of the Court and harassing the respondents. In the ordinary course of things, this Court would have simply dismissed the writ petition and left the matter at that. In his counter-affidavit, respondent No.3 stated that he agreed to pay 20% of his retirement benefits to the petitioner, 20% each to his three children and to retain the balance of 20%. Taking that into account, the writ petition is disposed of, directing that respondent Nos. 1 and 2 shall forthwith release the entire retirement benefits in favour of respondent No.3 and he, in turn, shall deposit 20% thereof to the credit of O.S.No.351 of 2010 pending in the Court of the I Additional Senior Civil Judge, Warangal. The order, dated 28.06.2010, passed by the Court of the II Additional Judicial Magistrate of I Class, Warangal in Crl.M.P.No.346 of 2010 in D.V.C.No.3 of 2010 shall not come in the way for release of such amounts. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 22.10.2010. Note: Issue cc in three days. (B/o) kdl