Judgment 1. The delay is condoned. 2. The petitioner who calls herself Sharfa Devi @ Asharfee Devi and filed a writ petition (C.W.J.C. No. 6482 of 2000 : Sharfa Devi @ Asharfee Devi V/s. The State of Bihar & Ors.) claims that family pension is being denied to her and, simultaneously, makes allegations, to the effect, that the first wife of deceased Shiv Narayan Rai during the laters life time was living with another person and in fact it is the petitioner who was married to him as a second wife. Both the women are alive. The petitioner claims herself to be the second wife. Clearly there is something wrong because if the deceased was a Hindu, there could not be two wives during his life time, after the enactment of the Hindu Code. No spouse divorced the other. 3. Submissions have been made that the first marriage had not been consumated and if there was a consummation it was with the petitioner. What the petitioner is declaring is that she was the consumate performer. The petitioner may keep this information on consummation for the personal consumption. The law calls it adultery. Rarely proven and seldom accepted except when caught in the act. 4. The fact of the matter is that on an inquiry it come out that the lady who was married to the deceased is receiving pension under the orders of a court of competent jurisdiction. When the Court inquired whether the petitioner had applied for a succession certificate, the answer was in the negative. 5. The writ jurisdiction of the High Court is not meant for such competing amorous claims of misadventures between consenting adults. And lawyers must not chase such briefs akin to ambulance chasers briefs. And, such chasing is all for the temptation of a dead mans pension by a person not entitled to it. The court is afraid counsel cannot make insidious and insulting arguments on a wedlock. To extract a pension by a second woman may be a game but the High Court will not lend its writ jurisdiction and be part of this game. The widow of deceased Shiv Narayan Rai is alive. She is Sulochana Devi. 6. The State Government will ensure that if any pension is to be granted by the department, it will be granted to the widow who is alive and is already receiving family pension.
The widow of deceased Shiv Narayan Rai is alive. She is Sulochana Devi. 6. The State Government will ensure that if any pension is to be granted by the department, it will be granted to the widow who is alive and is already receiving family pension. While the Court closes this order, it also notices that the petitioner Sharfa Devi alias Asharfee Devi did not have the courage to make the widow of Shiv Narayan Rai a party respondent when she is conscious of the fact that she is alive and was receiving maintenance by a court order. This in itself leads to a presumption under the law that there is a wife, now a widow. 7. Dismissed. 8. Let a copy of this order be sent to the Secretary, Primary Education, Govt. of Bihar.