Anusayabai Yeshwant Gund v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 WRIT PETITION NO.13314 OF 2019 ANUSAYABAI YESHWANT GUND

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Panpatte V. S.

AGP for Respondents-State : Mr. S.B.Pulkundwar. ...

CORAM :

S.V. GANGAPURWALA AND AVINASH G. GHAROTE, JJ.

DATE :

11.12.2019 PER COURT :- 1.

The learned counsel, on instructions, submits that the date of the marriage of the present petitioner with the deceased is 11.05.1958. The freedom fighter family pension was given to the first wife namely Smt. Jijabai. She expired on 11.05.2018. The petitioner admittedly is the second wife.

2.

As the marriage is performed in the year 1958, during the subsistence of the first marriage, the petitioner cannot claim to be the legal heir or the legally wedded wife.

3.

In the light of the above, the impugned order would not suffer from any illegality.

4.

The Writ Petition is disposed off.

(AVINASH G. GHAROTE, J.) (S.V. GANGAPURWALA, J.) ...

vmk/-