Only 1st Wife Of Man Entitled To Lay Claim On His Money: High Court

Mumbai:

The Bombay Prime Court docket lately mentioned as in keeping with legislation, if a person has two other halves and each lay declare to his cash, handiest the primary spouse could be entitled for it however his youngsters from each marriages would get the cash.

A bench of Justices SJ Kathawalla and Madhav Jamdar made the above statement orally after the state executive submitted that there existed a prior complete bench judgement of the prime courtroom’s Aurangabad bench that gave a identical route.

The bench led via Justice Kathawalla used to be listening to a petition filed via the second one spouse of Suresh Hatankar, an assistant sub-inspector within the Maharashtra railway police power who died of COVID-19 on Might 30.

Because the state executive’s solution guarantees a repayment of Rs 65 lakh to police workforce who died of COVID-19 whilst on responsibility, two ladies, each claiming to be Suresh Hatankar’s other halves, had laid a declare to the repayment quantity.

Later, Shraddha, Suresh Hatankar’s daughter from his 2nd spouse, approached the Bombay Prime Court docket, in quest of that she be given a proportionate percentage of the repayment quantity to save lots of her and her mom from “hunger and homelessness”.

On Tuesday, the state’s suggest Jyoti Chavan informed the bench that the state would deposit the repayment quantity within the courtroom for the time that HC takes to make a decision who’s entitled to the quantity.

Mr Chavan additionally knowledgeable the courtroom concerning the judgement of the Aurangabad bench.

The courtroom then mentioned, “The legislation says that the second one spouse may now not get anything else. However the daughter from the second one spouse, and the primary spouse and the daughter from the primary marriage will likely be entitled to the cash.”

Mr Hatankar’s first spouse Shubhada and the couple’s daughter Surbhi, who have been provide earlier than the courtroom via video-conferencing, claimed they weren’t conscious that Suresh Hatankar had “every other circle of relatives”.

Then again, Shraddha’s suggest Prerak Sharma informed the courtroom that Surbhi and Shubhada knew about Suresh Hatankar’s two marriages and so they had contacted Surbhi on Fb on earlier events.

Mr Sharma additionally mentioned that Suresh Hatankar were dwelling together with his 2nd spouse and their daughter within the railway police quarters allocated to him in Dharavi.

The prime courtroom, subsequently, directed Mr Hatankar’s first spouse and her daughter to report a sworn statement via Thursday, clarifying in the event that they knew Suresh Hatankar had two households.

The courtroom posted the topic for listening to on Thursday.

Suresh Hatankar married for the primary time in 1992 and his 2nd marriage came about in 1998.

Shraddha informed the courtroom in her plea that each the marriages have been registered with the Registrar of Marriages and beneath the Hindu Marriage Act.

She claimed in her plea that being the kid of Mr Hatankar’s 2nd spouse, she too had the precise to circle of relatives pension, and death-cum-retirement gratuity. Due to this fact, she and her mom must get equivalent share of the repayment dispensed via the state executive and the Railways.
 

(This tale has now not been edited via NDTV group of workers and is auto-generated from a syndicated feed.)