Mumbai, August 25
The Bombay High Court on Tuesday stated as per regulation, if a person has two wives and each lay declare to his cash, solely the primary spouse could be entitled for it however his kids from each marriages would get the cash.
A Bench of Justices SJ Kathawalla and Madhav Jamdar made the above remark orally after the state authorities submitted that there existed a earlier full Bench judgement of the excessive court docket’s Aurangabad Bench that gave an analogous path.
The Bench led by Justice Kathawalla was listening to a petition filed by the second spouse of Suresh Hatankar, an assistant sub-inspector within the Maharashtra Railway Police Force who died of COVID-19 on May 30.
As the state authorities’s decision guarantees a compensation of Rs 65 lakh to police personnel who die of COVID-19 whereas on obligation, two girls, each claiming to be Hatankar’s wives, had laid a declare to the compensation quantity.
Later, Shraddha, Hatankar’s daughter from his second spouse, approached the Bombay High Court, searching for that she be given a proportionate share of the compensation quantity to avoid wasting her and her mom from “starvation” and homelessness.
On Tuesday, state’s counsel Jyoti Chavan advised the Bench that the state would deposit the compensation quantity within the court docket for the time that HC takes to determine who’s entitled to the quantity.
Chavan additionally knowledgeable the court docket concerning the judgement of the Aurangabad Bench.
The court docket then stated, “The law says that the second wife might not get anything. But the daughter from the second wife, and the first wife and the daughter from the first marriage will be entitled to the money.”
Hatankar’s first spouse Shubhada and the couple’s daughter Surbhi, who have been current earlier than the court docket by way of video-conferencing, claimed they weren’t conscious that Hatankar had “another family”.
However, Shraddha’s counsel Prerak Sharma advised the court docket that Surbhi and Shubhada knew about Hatankar’s two marriages and so they had contacted Surbhi on Facebook on earlier events.
Sharma additionally stated that Hatankar had been dwelling together with his second spouse and their daughter within the railway police quarters allotted to him in Dharavi.
The excessive court docket, due to this fact, directed Hatankar’s first spouse and her daughter to file an affidavit by Thursday, clarifying in the event that they knew Hatankar had two households.
The court docket posted the matter for listening to on Thursday.
Hatankar married for the primary time in 1992 and his second marriage passed off in 1998.
Shraddha advised the court docket in her plea that each the marriages have been registered with the Registrar of Marriages and below the Hindu Marriage Act.
She claimed in her plea that being the kid of Hatankar’s second spouse, she too had the best to household pension, and death-cum-retirement gratuity.
Therefore, she and her mom ought to get equal proportion of the compensation disbursed by the state authorities and the Railways. PTI