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Judgment
Jyotsna Rewal Dua, Judge
Even though the respondents have not filed reply, however, with consent of learned counsel for the parties, matter is heard at this stage.
The case set up by the petitioner is that her marriage was solemnized with Sh. Om Prakash on 04.08.1986 as per Hindu rituals and local customs; Petitioner's marriage with Sh. Om Prakash was solemnized during subsistence of his first marriage with one Smt. Sundaru Devi; Sh. Om Prakash superannuated as Kanungo from the office of respondent No.2 on 31.12.2010; Smt. Sundaru Devi passed away on 21.09.2018; Sh. Om Prakash also died on 26.01.2025. Petitioner stakes claim upon family pension and preferred a representation on 28.10.2025 (Annexure P-4 colly). Petitioner's grievance is that the respondent No.3 has turned down her pension case on 12.05.2026 on the ground that family pension cannot be granted to the second wife under existing legal provisions as second marriage solemnized during subsistence of first marriage is not recognized under the Hindu Marriage Act.
Learned counsel for the petitioner places reliance upon Urmila Devi versus State of Uttar Pradesh and others2 as affirmed in State of HP & Anr versus Urmila Devi & Anr3 and also Umawati versus HPSEB and others4.
In view of the ratio of above decisions, notwithstanding impugned decision at Annexure P-4 (colly) dated 12.05.2026, this writ petition is disposed of with directions to the respondents, including respondents No.1 to 3, to re-consider the case of the petitioner for grant of family pension in accordance with law, keeping in view the decisions rendered in Urmila Devi2 and Umawati4. The case shall be decided afresh within four weeks from today. The order so passed shall also be communicated to the petitioner. In case the petitioner is found eligible for family pension, the same shall be released to her within a further period of two weeks thereafter.
Instant petition stands disposed of in above terms. Pending application, if any, shall also stand disposed of accordingly.