Judgment ( 1. ) THE petitioner is a widow of Late Tejilal who was working under the Director General, Army Ordnance Crops, New Delhi, as Soobedar attained the age of superannuation on 30-6-1984. He was getting his pension till June, 2002. As misfortune would have it he breathed his last on 8-7-2002. After the death of her husband she intimated this aspect to the Senior Record Officer, Army Ordnance Crops Record, the respondent No. 3 herein in August, 2002. He fulfilled all formalities that were necessary for family pension. When the matters stood thus on 23-7-2003 the Competent Authority sent a letter indicating that the petitioner was not entitled to the family pension. ( 2. ) ACCORDING to the writ petition her husband Late Tejilal has severed his connection with his first wife Smt. Saraswati Bai who had remarried to another person, namely, Narayan Prasad and intimation thereof had already been given to the Chief Ordnance Officer, Depot Talegaon, Dabhadi by the Secretary, Zila Sainik Board, Chhindwara vide letter dated 10-8-79. The said letter has been brought on record as Annexure P-2. After such communication said Tejilal had entered into wedlock with the petitioner and an affidavit thereof was filed before the respondent No. 3 on 9-6-80. As pleaded, the said Tejilal had nominated the petitioner to receive the arrears of pension as per Annexure P-4. The identity card has been issued in favour of the petitioner by District Sainik Welfare Officer which shows that the petitioner is widow of Late Tejilal. There has been admission by the respondent No. 3 on 27-9-2002 that she was nominated by Late Tejilal as heir to receive the family pension as per Annexure P-6. Accordingly, the retiral benefits were given to the petitioner by the respondent No. 3. It is contended that despite nomination to get the family pension by husband there has been no objection for almost two decades and hence, the rejection of prayer for grant of family pension is arbitrary and unsustainable. It is the further case of the petitioner Late Tejilal belong to the Scheduled Caste and the marital relations could be severed by "natara". That apart, first wife of Tejilal married another person, namely, Narayan Prasad Yadav. Stating these fact a prayer has been made to issue direction to the respondents to pay family pension with interest to the petitioner. ( 3. ) I have heard Mr. That apart, first wife of Tejilal married another person, namely, Narayan Prasad Yadav. Stating these fact a prayer has been made to issue direction to the respondents to pay family pension with interest to the petitioner. ( 3. ) I have heard Mr. Hemant Shrivastava and Mr. Jagdish Sakle, learned Counsel for the petitioner and Mr. Dharmendra Sharma, Standing Counsel for Union of India and its functionaries. ( 4. ) MR. Hemant Shrivastava, learned Counsel, has submitted that there is enough material on record that the petitioner is that wife of Late Tejilal and the first wife has no legal status as she had been divorced as per the customs and had remarried. I is also his submission that the nomination is in favour of the petitioner and, therefore, she is entitled to receive the amount in question under any circumstance. He has commended me to Annexure P-6 which is a document which recognizes the petitioner as the wife of Late Tejilal. ( 5. ) MR. Dharmendra Sharma, learned Standing Counsel for Union of India has placed reliance on Annexure P-1. It is appropriate to reproduce what has been stated in Annexure P-1. The Paragraphs 2 and 3 of the same read as under :- "2. Your family pension claim which was submitted to PCDA (P) Allahabad vide our letter under ref. has been received back vide their letter No. G4/4/3294/11/93, dated 16th June, 2003 as you had married to your late husband on 22nd June, 1978 before divorce of his 1st wife Smt. Saraswati to whom he divorced on 25th March, 1981. As per Hindu Marriage Act, 1955, 2nd marriage during the life time of 1st wife without proper divorce decree/deed is null and void. As such you are not entitled to family pension. However, your children below 25 years/unmarried/un-employed whichever is earlier are entitled to family pension. 3. In view of the above, a set of family pension claim forms is enclosed herewith for completion of the same in favour of Shri Rakesh Kumar date of birth 30th July, 1981 and forward to this office alongwith his three photographs duly attested through your zila Sainik Welfare Officer for our further action. " ( 6. ) ON a perusal of the same it is perceptible that the Senior Record Officer has expressed the opinion that the marriage with the petitioner is null and void. " ( 6. ) ON a perusal of the same it is perceptible that the Senior Record Officer has expressed the opinion that the marriage with the petitioner is null and void. On a perusal of Annexure P-2, it is manifest that Zila Sainik Board, Chhindwara intimated the Competent Authority that there had been divorce as per customs and the first wife Smt. Saraswati has remarried to another man. There has been further communication that the petitioner was married to Late Tejilal. Identity card has been issued indicating that Hem Kumari as the wife of Late Tejilal. The Authority had already recognized the petitioner as the wife of Late Tejilal as is apparent from Annexure P-7, a communication sent by Senior Record Officer. The late husband of the petitioner was a Scheduled Caste. When the authorities had accepted that Hem Kumari as wife of Late Tejilal, the communication sent Annexure P-1 does not stand to reason. The information expressed therein that the marriage is null and void is also not correct as the person of Scheduled Caste community can be divorced according to customs. Nothing has been brought on record to show that how the divorce was bad. There has been communication by responsible authority that his first wife has remarried and the petitioner has entered into a wedlock with Tejilal. While so stating, I may not be understood to have finally determined about the marital status. Quite apart from the above it is demonstrable from Annexure P-6, that the present petitioner was nominated as legal heir to receive family pension. Once there has been nomination and it admitted as per Annexure P-6, I am inclined to direct the respondents to confer the benefit of family pension to the petitioner within a period of three months. I may hasten to clarify that this direction is issued as there has been nomination. If Smt. Saraswati Bai has any grievance with regard to nomination and acceptance of money by the petitioner it is open to her to approach appropriate legal forum as per law. The respondents would not be liable between any kind of inter se dispute between the petitioner and Smt. Saraswati Bai. The petitioner be disbursed the amount of family pension on the basis of nomination. The respondents would not be liable between any kind of inter se dispute between the petitioner and Smt. Saraswati Bai. The petitioner be disbursed the amount of family pension on the basis of nomination. The same shall be computed and paid to the petitioner within a period of three months from the date of receipt of the order passed today. However, keeping in view the facts and circumstances of the case, I am not inclined to grant interest on such amount. ( 7. ) THE writ petition is allowed to the extent indicated above. There shall be no order as to costs.