Rakesh Tiwari - (1.) -Heard counsels for the parties and perused the re 2. The case of the petitioner is that he was married to Smt. Uma Kumari daughter of Sri Ratan Singh on 13.3.1967 at Moradabad, who was posted there as Company Hawaldar Major. It transpired later on that at the time of marriage with the petitioner, Smt. Uma Kumari was pregnant and was admitted in hospital for abortion. After marriage, 'bida ceremony' of Smt. Uma Kumari was not performed, as such, she did not return with the petitioner immediately after marriage. Later, on enquiry, it was revealed that Sri Ratan Singh was keeping Head Constable Sri Suraj Pal Singh at his quarter with Smt. Uma Kumari who had illicit relations. He was already married, hence, Sri Ratan Singh could not perform the marriage of his daughter Smt. Uma Kumari with Sri Suraj Pal Singh. Even after marriage of Smt. Uma Kumari with the petitioner, she continued her affairs and illicit relationship with Sri Surajpal Singh and whenever petitioner asked his father-in-law to send her, he avoided it.
(2.) THE petitioner claims that he hails from a respectable family and with a view to avoid defamation, he tried his level best to impress upon Smt. Uma Kumari to sever the illicit relationship with Sri Surajpal Singh as it was bringing bad reputation but his request had no effect on her. In these circumstances, the petitioner went to Kashmir in 1971 on duty. He again went to Moradabad in 1972 and requested Sri Ratan Singh for 'bida' but Smt. Uma Kumari refused to go with the petitioner. The petitioner in 1974 came to know that Smt. Uma Kumari has given birth to an illegitimate child at Katra Chand Khan, Bareilly. When petitioner contacted Smt. Uma Kumari and her father, they told him that divorce was the only remedy as his marriage with Smt. Uma Kumari was never consummated. They never lived as husband and wife even for a day. It is claimed by the petitioner that in Mainpuri and Etawah, it is customary to dissolve marriage by written agreement in presence of panchs. A written agreement was accordingly executed on 29.12.1974 on stamp paper of Rs. 7 before the panchs-S/Sri Radhey Shyam Gupta, Vakil, Chunni Lal Chaurasia, Madan Lal, Sube Singh and Smt. Man Kaur. The agreement appended as Annexure-1 to the writ petition.
(3.) AFTER dissolution of void marriage, the petitioner remarried one Smt. Munni Devi, in 1975. He took voluntary retirement from service and was paid provisional pension till September, 1995 but his retiral dues were not paid to him on the ground of his remarriage in the lifetime of first wife. Aggrieved the petitioner has filed this writ petition. At the time of admission on 22.4.1996 the following interim order was passed by the Court : "Hon. S. C. Verma, J. Admit. Issue notice. The affidavits have already been exchanged. The petitioner may initiate proceedings for expeditious hearing of the writ petition itself. Learned counsel for the petitioner states that the petitioner has taken voluntary retirement and he was paid interim pension till September, 1995. The respondents have stopped further payment of retiral benefits that have accrued in favour of the petitioner. There is no reason why the petitioner be deprived of the post retirement benefits. In the meantime, the respondents are directed to release the post retirement benefits immediately due to the petitioner. Dt. 22.4.96 Sd. S. C. Verma, J." ;