Nazma Begum Mazumder vs The State Of Assam And 8 Ors
2025 Latest Caselaw 4244 Gua

Gauhati High Court

Nazma Begum Mazumder vs The State Of Assam And 8 Ors on 19 March, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                Page No.# 1/4

GAHC010174132024




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                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/4504/2024

         NAZMA BEGUM MAZUMDER
         W/O- LATE MAINUL HAQUE MAZUMDER,
         VILLAGE- CHANDRAPUR PART I,
         P.O- CHANDRAPUR,
         P.S- LALA, DIST- HAILAKANDI, PIN-788163

         VERSUS

         THE STATE OF ASSAM AND 8 ORS
         REP . BY THE SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY
         EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06

         2:THE DIRECTOR OF PENSION
         ASSAM
          GUWAHATI-06

         3:THE DIRECTOR
          OF ELEMENTARY EDUCATION
          KAHILIPARA
          GUWAHATI-19

         4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
          HAILAKANDI
          P.O
          P.S AND DIST- HAILAKANDI

         5:THE ACCOUNTANT GENERAL (A AND E)
         ASSAM
          MAIDAMGAON
          GUWAHATI-29

         6:THE HEAD OF THE CENTRALIZED PENSION PROCESSING CENTRE
          GUWAHATI
          STATE BANK OF INDIA
                                                                           Page No.# 2/4

             CENTRE NORTH
             CENTRE NORTH EASTERN CIRCLE
             SHUBAM GREENS
             3RD FLOOR
             LOKHRA CHARIALI
             NH-37
             GUWAHATI-40

            7:THE BRANCH MANAGER
             STATE BANK OF INDIA
             HAILAKANDI BRANCH

            P.O
            P.S AND DIST- HAILAKANDI
             PIN-788151

            8:THE TREASURY OFFICER
             HAILAKANDI

            P.O
            P.S AND DIST- HAILAKANDI
             PIN-788151

            9:SALMA BEGUM CHOUDHURY
            W/O- LATE MAINUL HAQUE MAZUMDER

            VILLAGE- BASHDAHAR PART -I

            P.S AND DIST- HAILAKANDI

            P.O- KUCHILA BAZAR
             PIN-78815

Advocate for the Petitioner   : MR M A BARBHUIYA, MR. R A CHOUDHURY

Advocate for the Respondent : SC, ELEM. EDU, MS. S. DEY(R-9),MR. N H BARBHUIYA (R-
9),MS S DEY(R-6,7),MR. K K NANDI (R-6,7),GA, ASSAM,SC, AG


                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                        ORDER

19.03.2025

Heard Mr. R.A. Choudhury, learned counsel for the petitioner. Also heard Ms. Page No.# 3/4

S. Dey, learned counsel for the respondent Nos.6 & 7 and Mr. N.H. Barbhuiya, learned counsel for the respondent No.9.

2. The petitioner's case is that she is the first wife of her deceased husband and as such, should be given the family pension. However, the State respondents have granted the family pension to the respondent No.9, who is the second wife.

3. The petitioner's counsel submits that the petitioner's husband had filed Title Suit No.134/2012 in the Court of Munsiff No.1, Hailakandi, praying for a decree to the effect that a divorce had taken place between the petitioner and her husband. However, Title Suit No.134/2012 was dismissed vide judgment dated 19.11.2018 and a decree was also issued on 19.11.2018 stating that the marriage between the petitioner and her husband was still standing/ valid.

4. The counsel for the respondent No.9 is given a week's time to produce documents to show that there was a divorce between the petitioner and her late husband and that the judgment passed in Title Suit No.134/2012 has been set aside by an Appellate Court.

5. The petitioner's counsel shall produce the original decree in respect of Title Suit No.134/2012 on the next date.

6. List the matter on 04.04.2025.

7. On considering the fact that there is a decree which had dismissed the petitioner's husband's title suit, the State respondents are directed not to disburse the family pension to either of the parties, till a final decision is taken Page No.# 4/4

by this Court.

JUDGE

Comparing Assistant