Gyanbai Devidasrao Kondagir v. The State Of Maharashtra Through The Secretary And Others

919-CA-3604-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3604 OF 2023 IN WRIT PETITION NO. 5252 OF 2022 GYANBAI DEVIDASRAO KONDAGIR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. B. B. Yenge, Advocate for Applicant Mr. V. M. Kagne, AGP for Respondents - State Mr. M. S. Klkate, Advocate for Respondent No.6 ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:20.10.2023.

PER COURT :- 1.

The learned Advocate representing the added Respondent no.6 (second wife of the deceased husband), has caused his appearance in this Civil Application. He opposes addition to the Writ Petition.

2.

We have heard the learned Advocates for the respective sides. Issue is of earning the pension after the demise of the husband. The Petitioner before us claims to be the first

(( 2 )) 919-CA-3604-2023 wife. Respondent No.6 before us, in the Civil Application, is purportedly the second wife. Keeping in view the judgment delivered by the Full bench of this Court in Kamalbai wd/o Venkatrao Nipanikar Vs. The State of Maharashtra - 2019 (3) Mh.L.J. 921, we deem it appropriate to permit the addition of the purported second wife as a Respondent in the Writ Petition.

3.

In view of the above, the Civil Application is allowed. Addition be carried out forthwith.

4.

The learned Advocate representing the purported second wife causes an appearance in the Writ Petition. 5.

List the Writ Petition on 04.11.2023.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS