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Synopsis

A division bench of the Bombay High Court at Aurangabad, comprising Justice Ravindra V Ghuge and Justice YG Khobragade, directed the central government to pay the freedom fighter's pension to his legally wedded wife after having paid it to a nominated lady for 25 years.

The high court heard a case involving a freedom fighter who received a pension from the government until 1985. After his passing, he nominated a lady in place of his wife, who received a pension until 2018, when she also passed away.

The legally wedded wife filed a civil suit, obtaining a decree recognising her as the lawful wife. 

Subsequently, she approached the high court seeking her entitlement to the pension, which had been discontinued after the demise of the nominated wife.

The State Bank of India revealed that the original Pension Payment Order was in possession of the Ministry of Home Affairs (MHA). The MHA could not find the document of the husband's status as a freedom fighter.

The high court took note of this and concluded that it could not permit the MHA to waste any more time searching for the document.

The high court also noted that the petitioner was 86 years old and was a legally wedded wife.
"The facts and circumstances in the case before us are quite peculiar. The Petitioner is 86 years of age today and though she is a legally wedded wife, she received no pension after the demise of her husband on 12.06.1993 till 17.06.2018 (25 years), only because the second wife- Rukhminibai was paid the pension after the demise of Bhagwanrao. Now it is just a matter of continuation of the pension to the present Petitioner. Documents have been misplaced by various authorities as discussed above. We are, therefore, of the view that this is a fit case for directing the payment of pension from 17.06.2018 onwards," the court recorded.

The division bench directed the government to pay arrears of pension to the legally wedded wife from the demise of the nominated wife and also directed the government to pay the monthly pension from September 2023 onwards

Case title: Somitrabai Bhagwan Ajbe vs UOI & Ors.