GUWAHATI, India, March 18 -- Gauhati High Court issued the following order on March 16:

1. Heard Mr. AFNU Mollah, learned counsel for the petitioner. Also heard Mr. SMT Chistie, learned counsel for the respondents.

2. The present contempt petition is filed alleging willful and deliberate non-compliance with the order dated 16.11.2023, passed in WP(C) No.3469/2022.

3. The aforesaid Writ Petition was filed by the first wife of Lt. Bhaba Kanta Dutta @ Bhaba Jyoti Dutta, a Government Servant, claiming family pension.

4. Such a family pension was not granted to the first wife on the grounds that the deceased Government Servant had nominated respondent No.9 (in the writ petition) as his wife in his service records.

5. Taking note of the provisions of Rule 143 of the Assam Services (Pension) Rules, 1969 and the Hindu Marriage Act, 1955, the learned Judge order dated 16.11.2023 concluded that it is the first wife who would be entitled to the payment of family pension as there cannot be any valid marriage during subsistence of the first marriage, for persons professing the hindu faith.

6. As there was a dispute as to whether the petitioner is the first wife of the deceased Government Servant, even though a Next of Kin Certificate has been annexed to the writ petition, accordingly, on a consensus, the writ petition was disposed of directing the respondent No.4 therein to cause an enquiry and give personal hearing to the petitioner and the respondent No.9 therein, prior to taking a decision, as to whether, the petitioner or the respondent No.9 is the first wife at the time of death of the Government servant.

7. It was further provided that if any of the parties are aggrieved with the decision of the respondent No.4, they can always take recourse to the Civil Court to prove whether either of them is the first wife of the Government servant. Such a decision was to be made within two months of receiving the certified copy of the order.

8. Alleging non compliance of the said order, the petitioner in WP(C) No.3469/2022 has filed the present contempt petition.

9. The learned counsel for the respondents in the present petition has argued that a determination was made, and it was held that the petitioner herein is the first wife and accordingly, a pension proposal had already been submitted to the Director of Pension, Assam.

10. As regards sharing of the family pension between the first wife of the Government servant and his minor son, namely, Piyush Krishna Dutta, from his second wife, the Director of Pension sought a guardian certificate in respect of the minor son from the second wife, joint photographs of the minor son with the legal guardian etc.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqGkxs%2FOb3awnqzUA1I29RBWB7nhgLScsRFmuF9iwWor%2B&caseno=Cont.Cas(C)/615/2024&cCode=1&cino=GAHC010239122024&state_code=6&appFlag=)

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