MANISHA KUMARI Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) FOR the reasons mentioned in this application, the prayer made therein is allowed and the intervener Usha Devi claiming to the second wife of late Dinesh Chandra Sahni is impleaded as Respondent No. 4 to this writ application specially when she has already been appointed on compassionate ground by virtue of being wife of late Dinesh Chandra Sahni, inasmuch as, even the petitioner Manisha Kumari also claims her appointment on compassionate ground on the strength of being daughter of late Dinesh Chandra Sahni from his first wife, namely, Indu Devi. Heard learned counsel for the parties.

(2.) IN the writ application, CWJC No. 11436 of 2008, the petitioner has prayed for considering her case for appointment on compassionate ground and in MJC No. 2067 of 2010, a prayer has been made for recalling/modification of the order dated 9.2.2010 passed in CWJC No. 7755 of 2009, whereby and where -under, a direction was issued in favour of Usha Devi, the writ petitioner in CWJC No. 7755 of 2009 for appointing her on compassionate ground.

(3.) THE facts giving rise to both the applications lie in a very narrow compass. From the record, it would transpire that late Dinesh Chandra Sahni had been firstly married to Indu Kumari on 27.2.1984 and in the year 1990, he had filed a divorce case on 31.5.1990 being Divorce Case No. 13 of 1990 seeking dissolution of marriage with Indu Kumari on the ground of cruelty as also her being lunatic. In the said divorce case though Indu Kumari, the mother of the petitioner Manisha Kumari, had appeared on 14.12.1990 and had sought adjournment for filing her written statement in the divorce case filed by her husband Late Rajeev Kumar Singh, Shashi Bhushan Dinesh Chandra Sahni but ultimately she did not choose to contest the aforesaid Divorce Case No. 13 of 1990 which was decreed ex parte on 4.8.1992 by the District Judge, Samastipur dissolving the marriage and also granting divorce to Late Dinesh Chandra Sahni.