CHANDRASHEKHAR, J. - (1.) THE petitioner, claiming herself to be the first legally married wife of deceased Ali Akbar, has sought a direction for payment of half share in the retiral benefits of her late husband and half share in the family pension with arrears of family pension since 12.11.1996.
(2.) THE husband of the petitioner who was a Primary Teacher in a school died on 19.11.1996. From the wedlock the petitioner was blessed with a daughter and a son. The husband of the petitioner contracted second marriage with one Sanju Ara with whom he had three sons and four daughters. It appears that petitioner submitted an application on 28.07.1998 before the District Superintendent of Education, Hazaribagh for granting her share in retiral benefits of her husband and for compassionate appointment. However, inspite of repeated representations, the claim of the petitioner was not settled by the respondents and, therefore she had to approach this Court. The second wife of Late Ali Akbar has been arrayed as Respondent No. 8. The respondents have appeared and filed their counter affidavit. Respondent No. 8 has filed a separate counter - affidavit. It has been stated by the Respondent No. 8 that Late Ali Akbar had divorced the petitioner in the year 1972 itself and after divorce, he had married to Respondent No. 8. During his lifetime Late Ali Akbar nominated his second wife (Respondent No. 8) as recipient of General Provident Fund. It has been further stated that after the divorce, the petitioner along with her children were living separately. The relevant extract from the voter list has been brought on record in which name of the petitioner appeared at Sl. No. 493 and in the column of husband/father, name of Late Ali Akbar was not appearing rather the name of her father Israrul Haq was appearing.
(3.) REJOINDER affidavit has been filed by the petitioner controverting the statements made by the Respondent No. 8.;