IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JANUARY 2009 / 20TH POUSHA 1930 WP(C).No. 34402 of 2008(U) ------------------------------------ PETITIONER(S): ----------------------- 1. BINCY THOMAS, AGED 33 YEARS, W/O.LATE THOMAS T.P. KUNNIL THEKKETHIL MALAKKARA P.O. EDAYARANMULA, PATHANAMTHITTA. 2. RINCY THOMAS AGED 6 YEARS,D/O. LATE THOMAS T.P., REP.BY HER MOTHER BINCY THOMAS W/O. LATE THOMAS.T.P. KUNNIL THEKKETHIL, MALAKKARA.P.O. EDAYARANMULA, PATHANAMTHITTA. 3. ABEL THOMAS AGED 1 YEARS,S/O. LATE THOMAS T.P., REP.BY HIS MOTHER BINCY THOMAS, KUNNIL THEKKETHIL,MALAKKARA P.O., EDAYARANMULA, PATHANAMTHITTA. BY ADV. SRI.M.GEORGE THOMAS RESPONDENT(S): -------------------------- 1. MAJOR SENIOR RECORD OFFICER, FOR OIC RECORDS, ABHILEKH PARACHUTE REGIMENT, RECORDS THE PARACHUTE REGIMENT PIN-900493, C/O.56APO. 2. ZILA SAINIK WELFARE OFFICER, ZILA SAINIK WELFARE OFFICE, PATHANAMTHITTA DIST.PIN689645. 3. UNION OF INDIA REPRESENTED BY SECRETARY MINISTRY OF DEFENCE, NEW DELHI. 4. OFFICER IN CHARGE RECORDS, PARA REGIMENT, C/O.56 APO, PIN-900 493. W.P.(C) NO.34402/2008 5. MIRMALA GEORGE PANAKKRUTTATHU HOUSE, THIRUMOOLAPURAM P.O., THIRUVALLA-689115 6. RIKKY THOMAS, S/O.NIRMALA GEORGE, PANAKKRUTTATHU HOUSE, THIRUMOOLAPURAM P.O. THIRUVALLA-689115 ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.34402 of 2008-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009. JUDGMENT The petitioners are aggrieved by the denial of family pension claimed by the first petitioner consequent on the death of one late Shri T.P. Thomas. According to the petitioners, the first petitioner and the late Shri T.P. Thomas lived as husband and wife till his death. The further contention raised is that even in respect of petitioners 2 and 3, the entries in the school register and the birth certificate will show that the first petitioner is his legally wedded wife. After the death of Shri T.P. Thomas, even though claim for splitting up of family pension was submitted, that was rejected by the competent authority stating that the 5th respondent is nominated as the legally wedded wife by late Shri T.P. Thomas. 2. This is a case where the first petitioner claims that she is the legally wedded wife of late Shri T.P. Thomas. This is a matter for the competent civil court or the family court to decide. The petitioners can approach the competent court to establish their rights. Depending upon the outcome of the said dispute alone, the authority will be able to take action, if any, in the matter. WPC 34402/2008 2 Leaving open such remedy of the petitioners, the writ petition is disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/