Smt. Shobhabai Wd/O Sheshrao Thakre v. The Executive Engineer, Pench Irrigation Division, Nagpur And Others

wp 1927.20.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1927/2020 Smt. Shobhabai V the Executive Engineer, Pench Irrigation Division Nagpur and others ***************************************************************************** Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

***************************************************************************** Mr. G.D. Asole, Adv for petitioner.

Mr. S.G. Jagtap, Adv for resp. nos. 2.

Mr. A.D. Dangore, Adv for resp. no.6.

Mrs. K. Deshpande, AGP for resp. nos.1, 3, 4 and 5. CORAM : AVINASH G GHAROTE & M.W. CHANDWANI, JJ.

DATE : 08-08-2023 It is an admitted position that the petitioner is the second wife of deceased Sheshrao Thakare, who passed away of 24-09-2014 on account of which the claim of the petitioner, in the family pension of the deceased has been denied. 2.

In Kamlabai w/o Venkatarao Nipanikar vs State of Maharashtra and other reproted in 2019(3) Mh.L.J. 921, the learned Full Bench has held that for a woman to be a "widow", she has to be a legally married woman as per law applicable to parties so as to enable her to claim family pension. In view of the admission above regarding the petitioner being a second wife, the denial of the claim to the petitioner cannot be faulted with. 3.

The petition is therefore dismissed. No costs.

wp 1927.20.

2/2 4 JUDGE JUDGE Deshmukh