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2011 DIGILAW 1561 (BOM)

Sou. Maya Shahaji Mali v. Hindustan Petroleum Corporation Ltd.

2011-12-21

S.A.BOBDE, V.K.TAHILRAMANI

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Judgment : SMT. V.K. TAHILRAMANI, J. 1. Heard the learned Counsel for the Petitioner and the learned Counsel for the Respondents. 2. The case of the Petitioner is that she submitted an application for LPG distributorship under Rajiv Gandhi Gramin LPG Vitaran Yojana. She was informed by letter dated 9.8.2010 that she was qualified for a draw for the selection under the Rajiv Gandhi Gramin LPG Vitaran Scheme. The Petitioner was granted distributorship under the said Scheme. However, by letter dated 4.3.2011 the Respondents cancelled the distributorship of the Petitioner. 3. The case of the Respondents is that they cancelled the distributorship of the Petitioner as she is the second wife of Shri. Shahaji Mali, as such, she is not legally wedded wife of Shri. Shahaji Mali. Hence, she could not have been awarded distributorship, therefore, the distributorship came to be cancelled. 4. The case of the Petitioner is that she belongs to a caste wherein there is a custom that a person can have two wives. However, the Petitioner has not produced any proof in support of her claim. 5. The learned Counsel for the Respondents placed reliance on the decision of the Supreme Court in the case of YamunabaiAnantrao Adhav Vs. Anantrao Shivaram Adhav, reported in 1988 Law-Suit (SC) 77. In the said decision, the Supreme Court has held that the word ‘wife' means “the legally wedded wife only”. The marriage of a woman to a person already having living spouse, is not a marriage and such woman cannot be said to be a legally wedded wife. It is an admitted fact that the Petitioner is the second wife of Shri. Shahaji Mali and the first wife of Shri. Shahaji Mali is alive. In such case, we find no fault with the authorities for cancelling the LPG distributorship which was granted to the petitioner under the Rajiv Gandhi Gramin LPG Vitaran Yojana. 6. Writ Petition is dismissed.