Sharfa Devi @ Asharfee Devi vs The State of Bihar and Others

The delay is condoned.

The Petitioner who calls herself Sharfa Devi @ Asharfee Devi and filed a writ petition (C.W.J.C. No. 6482 of 2000: Sharfa Devi @ Asharfee Devi v. The State of Bihar and Ors.) claims that family pension is being denied to her and, simultaneously, makes allegations, to the effect, that the first wife of deceased Shiv Narayan Rai during the later''s life time was living with another person and in fact it is the Petitioner who was married to him as a second wife. Both the women are alive, j The Petitioner claims herself to be the second wife. Clearly there is something wrong because if the deceased was a Hindu, there could not be two wives during his life time, after the enactment of the Hindu Code. No spouse divorced the other.

Submissions have been made that the first marriage had not been consumated and if there was a consummation it was with the Petitioner. What the Petitioner is declaring is that she was the consumats performer. The Petitioner may keep this information on consummation for the personal consumption. The law calls it adul-tery. Rarely proven and seldom accepted except when caught in the act.

The fact of the matter is that on as inquiry it come out that the lady who was married to the deceased is receiving pension under the orders of a court of competent jurisdiction. When the Court inquired whether the Petitioner had applied for (sic) succession certificate, the answer was (sic) the negative.

The writ jurisdiction of the High Court is not meant for such compe(sic) amorous claims of misadventures between consenting adults. And lawyers must (sic) chase such briefs akin to ambulance ch(sic)ers briefs. And, such chasing is all for (sic) temptation of a dead man''s pension (sic) person not entitled to it. The court is (sic) counsel cannot make insidious and (sic)ing arguments on a wedlock. To exta(sic) pension by a second woman may be game but the High Court will not end writ jurisdiction and be part of this g(sic) The widow of deceased Shiv Narayan (sic) She is Sulochana Devi.

The State Government will ensure any pension is to be granted by the (sic)rtment it will be granted to the widow (sic)s alive and is already receiving family (sic)on. While the Court closes this order, (sic)o notices that the Petitioner Sharfa alias Asharfee Devi did not have the (sic)ge to make the widow of Shiv Narayan party Respondent when she is con-(sic) of the fact that she is alive and was (sic)ing maintenance by a court order. (sic) Itself leads to a presumption under (sic) that there is a wife, now a widow.

Dismissed.

Let a copy of this order be sent to secretary, Primary Education, Govt, of.