Narendra Rajaram Chaudhari v. The Union Of India And Another

1 WP 555/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 555 OF 2017 Narendra S/o Rajaram Choudhari, Aged Years, Occupation Service, Resident of Plot No.1, Gajanan Colony, Opp. Madhuban Apartment, Jalgaon, District Jalgaon - 425002 Petitioner V E R S U S The Union of India, through its Secretary, Air Force Department, New Delhi Respondents The Commanding Officer, Air Force Record Office, Subroto Park, New Delhi - 110010 Mr. Vishnu B. Madan, Advocate for the petitioner Ms. Apsingekar Dipali S. (Jape), A.G.P. for the respondent Nos.1 and 2 Mr. Amol A. Jagatkar, A.G.P. for the State CORAM : S.V.GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : 17th MARCH, 2017

2 WP 555/17 ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties heard finally.

2.

Learned counsel for the petitioner states that respondent No.2 be directed to promulgate the name of wife of the petitioner namely Sarala @ Avantika in the NE POR with the benefits accrued to the services of the petitioner. Learned counsel further submits that the petitioner had married with one Iravati @ Sangita in the year 1990. There was a customary divorce and in the year 2013, by a decree of divorce, the divorce was also granted by the Civil Court. The petitioner has married with one Sarla @ Avantika and the respondents are required to incorporate her name as a nominee. However, the respondents are not accepting the said request. 3.

The learned counsel for the respondents submits that the second marriage would be void ab-

3 WP 555/17 initio as it was performed during the subsistence of first marriage. As the second marriage is not legal one, the name of the second wife is not incorporated as a nominee.

4.

We have considered the submissions of the learned counsel for the respective parties.

5.

The case of the petitioner is that he has divorced his first wife by way of customary divorce and subsequently has got the decree of divorce from Civil Court. It is for the petitioner to substitute the name of the nominee and the petitioner has suggested the name of his wife Sarla @ Avantika as his nominee. The nominee is merely trustee. There should not be any impediment to accept the said request. 6.

In the light of above, Rule is made absolute in terms of prayer clause 'B'.

(SANGITRAO S. PATIL, J.) (S.V. GANGAPURWALA, J.) SRM/17/3/17

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