Manisha Alias Meena Ramdas Chavan And Others v. Ministry Of Railway Board Through Its Director And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 59 WRIT PETITION NO.12824 OF 2022 MANISHA ALIAS MEENA RAMDAS CHAVAN AND OTHERS

VERSUS

MINISTRY OF RAILWAY BOARD THROUGH ITS DIRECTOR AND OTHERS Mr.P.B.Patil, Advocate for the petitioners.

Mr.A.G.Talhar, Advocate for respondent Nos. 1 to 4. ( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : DECEMBER 19, 2022 PER COURT :

1.

The petitioner concedes that she is the second wife of Ramdas Chavan and petitioner Nos.2 and 3 are the children born out of this relation. She further concedes that petitioner No.5 is the first legally wedded wife of Ramdas Chavan, who passed away on 02.06.2019. In this backdrop, the petitioner prays that she should be paid monthly pension and 1⁄2 amount of gratuity. She is also praying for compassionate appointment.

2.

The Full Bench of this Court (Coram : S.V. Gangapurwala, khs/Dec.2022/12824

- 2 - Ravindra V. Ghuge and S.M.Gavhane, JJJ.) in the matter of Kamalbai Venkatrao Nipanikar Vs. State of Maharashtra and others [2019(3) Mh.L.J.921], concluded that during the subsistence of the first marriage, any relations between the husband and any other woman cannot be granted any legal sanctity. Legally, there could be only one wife. Any other lady claiming to be a wife cannot be defined as a legally wedded wife. As such, no reliefs are available to the lady who claims to be the second wife of a person.

3.

In view of the above, we do not deem it appropriate to entertain this petition and the same is, therefore, dismissed. ( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.) khs/Dec.2022/12824