Smt. Rajlakshmi vs State Of U.P. And Others
2011 Latest Caselaw 1410 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 24753 of 2011
 

 
Petitioner :- Smt. Rajlakshmi
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Vidya Kant Tripathi
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

Learned standing counsel has accepted notice on behalf of respondents. He prays for and is granted eight weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next four weeks.

List thereafter.

Accepted position is that under the U.P. Dying in Harness Rules, 1974 as far as widowed daughter-in-law is concerned, she does not fall within the definition of 'family', and on this basis claim of petitioner has been non-suited. Petitioner has tried to contend before this Court that after death of her husband, she was totally dependent on her father-in-law, late Ram Bachan Vishwakarma, as such she is part of his family. Identical issue has been referred to Full Bench of this Court in the case of Urmila Devi vs. U.P. Power Corporation Limited, writ petition No.20938 of 2002. On the next date while filing counter affidavit specific details shall be furnished as to whether issue referred to  Full Bench has been answered or not.

Order Date :- 28.4.2011

SRY