PRTIMA DAS ALIAS KACHU DAS Vs. MIRA DAS

JUDGEMENT

(1.) This is a judgment of reversal.

(2.) Respondent No.1 Mira Das filed a suit for declaration and injunction against appellant as well as respondent No.2 Railways Authority.

(3.) Plaintiff's case, in short, was that plaintiff was married with Bholanath Das (since deceased) on 24 th January, 1975 according to Hindu rites and customs. Marriage was consummated and a son named Tapan Das was born. Bholanath Das was a railway employee. Bholanath Das was addicted to drinking and had illicit relation with women. Bholanath drove out plaintiff along with her son and started to reside with defendant No.1 Pratima Das alias Kachu Das. The plaintiff filed a matrimonial suit against Bholanath Das under Section 10 of the Hindu Marriage Act and obtained a contested order of interim alimony. Bholanath Das died on 8 th of November, 1994. Though defendant No.1 Pratima Das was not legally married wife of Bholanath Das but defendant No.2 Railway Authority was trying to settle the family pension in favour of defendant No.1. Accordingly, plaintiff has filed the suit for declaration and permanent injunction and other consequential reliefs.