Sou. Maya Shahaji Mali vs Ltd. And Anr
2011 Latest Caselaw 262 Bom

                                                                  wp-5802-11.doc

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION




                                                                            
                       WRIT PETITION NO. 5802 OF 2011




                                                    
           Sou. Maya Shahaji Mali                ..Petitioner

                Vs.

           Hindustan Petroleum Corporation




                                                   
           Ltd. and Anr.                         ..Respondents

Mr. Domnic Briganza i/b Ravindra Chingale for Petitioner Mr. Minoo Siodia i/b M/s. Rustamji Ginwala for Respondents

CORAM : S.A.BOBDE AND SMT. V.K.TAHILRAMANI, J J.

RESERVED ON : DECEMBER 15, 2011.

DECLARED ON : DECEMBER 21, 2011.

ORDER [PER SMT. V.K.TAHILRAMANI,J.]:

1. Heard the learned Counsel for the Petitioner and the

learned Counsel for the Respondents.

2. The case of the Petitioner is that she submitted an

application for LPG distributorship under Rajiv Gandhi

Gramin LPG Vitaran Yojana. She was informed by letter

dated 9.8.2010 that she was qualified for a draw for the

selection under the Rajiv Gandhi Gramin LPG Vitaran

Scheme. The Petitioner was granted distributorship under

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the said Scheme. However, by letter dated 4.3.2011 the

Respondents cancelled the distributorship of the Petitioner.

3. The case of the Respondents is that they cancelled the

distributorship of the Petitioner as she is the second wife of

Shri. Shahaji Mali, as such, she is not legally wedded wife of

Shri. Shahaji Mali. Hence, she could not have been

awarded distributorship, therefore, the distributorship came

to be cancelled.

4. The case of the Petitioner is that she belongs to a caste

wherein there is a custom that a person can have two

wives. However, the Petitioner has not produced any proof

in support of her claim.

5. The learned Counsel for the Respondents placed reliance on

the decision of the Supreme Court in the case of

Yamunabai Anantrao Adhav Vs. Anantrao Shivaram

Adhav, reported in 1988 LawSuit (SC) 77. In the said

decision, the Supreme Court has held that the word `wife'

means "the legally wedded wife only". The marriage of a

woman to a person already having living spouse, is not a

marriage and such woman cannot be said to be a legally

wedded wife. It is an admitted fact that the Petitioner is the

second wife of Shri. Shahaji Mali and the first wife of Shri.

Shahaji Mali is alive. In such case, we find no fault with the

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authorities for cancelling the LPG distributorship which was

granted to the petitioner under the Rajiv Gandhi Gramin

LPG Vitaran Yojana.

6. Writ Petition is dismissed.

[ SMT. V.K.TAHILRAMANI,J.] [ S.A.BOBDE, J. ]