Bombay High Court
Nilambari Narendra Bhosale And ... vs The General Manager-Personnel ... on 14 October, 2022
Bench: Madhav J. Jamdar
18-WP-3017-2022
Pallavi
Digitally signed
by PALLAVI
MAHENDRA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2022.10.17
ORDINARY ORIGINAL CIVIL JURISDICTION
18:55:06
+0530
WRIT PETITION NO. 3017 OF 2022
WITH
INTERIM APPLICATION NO. 1000 OF 2022
Nilambari Narendra Bhosale & Anr. .. Petitioners
Vs.
The General Manager-Personnel
Human Resources Department .. Respondent
Mr. Meelan S. Topkar, for the petitioners.
Mr. Lancy D'Souza a/w Deepika Agarwal i/b Mr. V.M. Parkar,
for the respondent no.1.
Mr. Harish R. Pawar, for respondent no.2.
Mr. S.S. Redekar, for applicant in IA/1000/2022.
CORAM: DIPANKAR DATTA, CJ. &
MADHAV J. JAMDAR, J.
DATE : OCTOBER 14, 2022
P.C.:
1. Petitioner no.1, Nilambari Narendra Bhosale, is the
widow of Narendra Baburao Bhosle (since deceased).
Petitioner no.2, Tanvi alias Niyoti Narendra Bhosale, is the
daughter born in the wedlock of the petitioner no.1 and
Narendra. He was an employee of Air India Ltd. prior to its
privatization. Thereafter, while being employed under Air
India Engineering Services Limited, he died-in-harness on
22nd September 2020.
2. The marriage between the petitioner no.1 and
Narendra was dissolved by decree of divorce dated 16th
18-WP-3017-2022
January 2007. However, in appeal, the decree was set aside
by this Court by a judgment and order dated 1st April 2015.
Marital ties of the petitioner no.1 and Narendra were,
therefore, restored.
3. The controversy has now arisen because Narendra had
nominated his mother, Kamal Baburao Bhosale and the
petitioner no.2 as nominees for receiving his death-cum-
retiral benefits in case of his death and not the petitioner
no.1. While the petitioner no.1 claims that she was the
legally wedded wife of Narendra on the date of his death
and, thus, entitled to her share in the death-cum-terminal
benefits that are now due and payable by Air India
Engineering Services Limited, there is one other claimant.
She is Divya Narendra Bhosale, the applicant in the
application for intervention being IA No.1000 of 2022. She
happens to be another daughter of Narendra, born to him
and his second wife. This marriage was solemnized
sometime in the last decade of the previous century during
the subsistence of marriage between the petitioner no.1
and Narendra; hence such marriage, being contrary to the
provisions of the Hindu Marriage Act, 1955, is a void
marriage. However, the applicant despite the marriage
between her parents being void for all intents and purposes,
is still entitled to claim a share in the death-cum-terminal
benefits payable on the death of Narendra.
4. Since, the petitioner no.1 has been able to secure
reversal of the decree passed by the trial Court, she is also
entitled to 1/4th share of the death-cum-terminal benefits
along with the other three heirs, i.e., the mother and two
18-WP-3017-2022
daughters of Narendra. Having held so, we dispose of this
writ petition with a direction to Air India Engineering
Services Ltd., which became the employer of Narendra after
privatization of Air India Limited, to calculate the share of
each of the four heirs of Narendra and pay to them in equal
shares whatever constitutes death-cum-terminal benefits of
Narendra in accordance with law. Payment of all sums be
effected as early as possible but preferably within four
months from receipt of an authenticated copy of this order.
5. It is made clear that if any sum has been released in
favour of any heir, the same shall be adjusted with the
balance sum now payable in terms of this order in such
manner that there is equal distribution among all the heirs.
It shall be obligatory for Air India Engineering Services Ltd.,
while releasing payment, to furnish the calculation to all
such heirs.
6. Reply filed by both the respondent nos.1 and 2 be
retained with the records.
7. In view of the aforesaid order, the interim application
too stands disposed of.
8. No costs.
(MADHAV J. JAMDAR, J.) (CHIEF JUSTICE)
