Mrs. Alka Baburao Kamble v. Union Of India And ORS.

907.writ.p.3041.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3041 OF 2016 Mrs Alka Baburao Kamble ..Petitioner Vs.

Union of India and Others ..Respondents Mrs. Yashoda Jondhale a/w Mr. Anand Jondhale, for the Petitioner.

Mr. Ashutosh Gole a/w Smt S. V. Bharucha,for the Respondent No.1.

Smt. S. V. Bharucha, for the Respondent No.4. CORAM :- S.C. DHARMADHIKARI & B.P.COLABAWALLA, JJ.

DATE :- JANUARY 5, 2017.

P. C.:

The Petitioner claims to be the legally wedded wife of the deceased pensioner.

On the own showing of the Petitioner, the Petitioner was married to one Malan Baburao Kamble.

The authorities are of the opinion that so long as the first marriage was subsisting, the Petitioner cannot claim to have Aswale 1/2

907.writ.p.3041.16 married the deceased. If her marriage is legal, valid and subsisting so also binding, then, she should obtain a declaration from the Competent Court in that regard. Relying upon an affidavit / consent letter from the first wife and that too dated 7th July, 2003, would not enable the authorities to release the balance half portion in favour of the Petitioner. The Petitioner cannot rely on such affidavit or consent letter. Her remedy is to approach a Competent Court and seek a necessary declaration in her favour. We do not see how this Court can rule upon a disputed question particularly regarding the legality and validity of the second marriage which was solemnized, according to the Petitioner by the pensioner with the consent of the first wife. All these are matters beyond our limited jurisdiction.

We cannot record findings of fact without the parties being afforded an opportunity to lead oral and documentary evidence. In such circumstances, leaving the Petitioner to take resort to such remedies as are permissible in law, we dismiss the Writ Petition. (B. P. COLABAWALLA, J.) (S. C. DHARMADHIKARI, J.)