Allahabad High Court
Laxmi vs Canara Bank And 2 Others on 20 September, 2023
Bench: Manoj Kumar Gupta, Donadi Ramesh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:182272-DB
Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 621 of 2023
Appellant :- Laxmi
Respondent :- Canara Bank And 2 Others
Counsel for Appellant :- Bharat Bhushan Paul,Saurabh Paul
Counsel for Respondent :- Krishna Mohan Asthana
Hon'ble Manoj Kumar Gupta,J.
Hon'ble Donadi Ramesh,J.
1. Heard Sri Bharat Bhushan Paul, learned counsel appearing on behalf of the appellant and Sri Krishna Mohan Asthana, learned counsel appearing on behalf of respondents no. 1, 2 and 3.
2. The instant intra-court appeal is directed against the order of learned Single Judge dated 05.05.2022 by which the writ petition filed by the appellant (Writ-A No. 4339 of 2022) praying for a direction to the respondent-Bank to grant compassionate appointment to her on basis of her representation dated 18.12.2021, was dismissed. The learned Single Judge has noted in the impugned order that the father of the appellant died on 27.12.2007. The appellant filed an application for the first time in the year 2021, alleging that she had been divorced by her husband in the year 2020. She was not left with any source of livlihood and being a divorced daughter of the deceased employee, she was entitled to compassionate appointment. One of the factors, which weighed with the learned Single Judge was that if the petitioner could survive for thirteen long years without any employment, she did not deserve any compassion after lapse of such long period. Number of judgments of this Court have been cited by learned Single Judge noticing that the object of compassionate appointment is to tide over an immediate financial crisis and consequently, there was no justification for directing the respondent-Bank to accord consideration to her claim after thirteen years.
3. The learned Single Judge has also noted in the order, the contention of counsel for the appellant that she had made the application after she was divorced by her husband in the year 2020. By our previous order, we required learned counsel for the appellant to bring on record the divorce decree.
4. Counsel for the appellant after seeking instructions from the appellant states that there is no decree of divorce in existence. He submits that the divorce was effected on basis of an agreement between the parties.
5. The parties are Hindu by religion and under the provisions of Hindu Marriage Act, 1955, there cannot be any divorce in the eyes of law unless the marriage is dissolved in the manner provided under the Act. Even when there is agreement between the parties for dissolution of marriage, the parties have to obtain divorce under Section 13-B of the Hindu Marriage Act, 1955.
6. It seems from the submissions of counsel for the appellant that the appellant was harbouring under the impression that only divorced daughter was entitled to compassionate appointment. She seems to have setup the theory of divorce for the said reason.
7. Be that as it may, we are of considered opinion that the order of learned Single Judge requires no interference by us.
8. The appeal lacks merit and is, dismissed.
(Donadi Ramesh, J.) (Manoj Kumar Gupta, J.)
Order Date :- 20.9.2023
Ruhi H.
