Court No. - 39
Case :- WRIT - A No. - 16210 of 2018 Petitioner :- Farida Siddiqui Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- C.S.C.,Pranjal Mehrotra,Shri Ram Pandey
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri Meraj Ahmad Khan, learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Sri Vimlesh Kumar Rai for respondents no. 2 to 5.
The petitioner in the writ petition is seeking a direction to the respondents to grant her family pension. According to the petitioner, she was divorced on 05.10.2004 as per the Muslim Personal Law.The petitioner is relying on a Government Order dated 3.12.2012 page 45 of the writ petition, and submits that even during pendency of divorce proceeding family pension can be granted. The submission is completely fallacious. The G.O. dt. 3.12.2012 clearly mentions divorced daughter. The G.O. no where speaks of granting family pension during pendency of divorce proceedings.
There is no decree of divorce so far. On probing by the Court, learned counsel for the petitioner disclosed that proceedings for divorce are pending in suit no. 1221 of 2017. If proceedings for divorce are still pending the petitioner cannot be said to be a divorced person unless there is a decree of divorce in her favour. We find that this material fact has been concealed from the Court. Earlier also the petitioner had filed writ petition no. 10019 of 2018 which was got dismissed as withdrawn at that stage. It has not been disclosed in the writ petition as to why that writ petition was got dismissed even though in that writ petition the petitioner was seeking quashing of the order dated 23.3.2018 whereby her claim for family pension had been rejected on the ground that the same could not be considered unless there was an order of the court of competent jurisdiction.
Learned counsel for the respondents has passed on to the Court the copies of the writ petition, the order impugned therein as well as the order passed by the writ court dated 17.4.2018 which have not been filed by the petitioner in this writ petition.
We, therefore, dismiss this writ petition with cost of Rs.5000/- (Rs. Five thousand) against the petitioner which shall be deposited by her with the Registrar General of the Court within one month from today, failing which the Registrar General shall proceed to recover the same in accordance with law.
Needless to say, if the petitioner's suit for divorce is already pending she should contest the suit and unless and until there is a decree of divorce in her favour the claim for family pension as a divorced lady cannot be considered.
Order Date :- 30.7.2018/nd