ORDER Having heard the parties and with their consent, this writ petition is being disposed of at this stage itself. 2. Petitioner is the first wife of one Rajeshwar Prasad Thakur. By this writ petition, she has complained that after having married her and after having four children from her wedlock, being two girls and two boys, Rajeshwar Prasad Thakur, who was in Government service, contracted another marriage without legally divorcing her. He refused to take care of the first family which forced her to move the authorities. Thereafter, Rajeshwar Prasad Thakur, who is respondent no.5 here and has appeared, agreed to pay Rs.3000 per month to the petitioner. 3. Petitioner asserted that the girls having become marriageable age respondent no.5 refused to help her. Accordingly, she had to take loan and marry her. Later, she filed an application before the Principal Judge, Family Court, Patna who fixed the maintenance at Rs.4000 per month which has not been paid regularly. She now states that respondent no.5 has since retired from Government service and has stopped paying any amount of maintenance. As noted above, respondent no.5 has appeared. He admits that he has just retired on 31.05.2013. His pension has not been fixed and no retiral dues have been paid as such. In such a situation, having to maintain two families, i.e., one from the first wife and second from the second wife from who whom also he has four children, he is in difficulty. 4. Having considered the matter and heard the parties for disposal of this case, all I can say is that having married during life time of the first wife without divorcing her, he had invited trouble. He cannot blame circumstances for his misfortune. It is his responsibility to maintain both his wives as well as his children. 5. I, therefore, direct the Executive Engineer, Jal Path Pramandal, Ghosi, Jehanabad and the Accountant General, Bihar that from the pension or arrears payable to respondent no.5, 1/3rd shall be remitted directly in the account of the petitioner. When and if occasion to pay the family pension arises, the same would be shared between the petitioner and the second wife half and half. So far as pensionary benefits are concerned, i.e., Gratuity, Provident Fund, Leave Encashment, petitioner shall be entitled to receive 1/3rd of the total amount directly from the authorities.
When and if occasion to pay the family pension arises, the same would be shared between the petitioner and the second wife half and half. So far as pensionary benefits are concerned, i.e., Gratuity, Provident Fund, Leave Encashment, petitioner shall be entitled to receive 1/3rd of the total amount directly from the authorities. If any payments after superannuation of respondent has been made without making these adjustments, from future payment these adjustments are required to be made to balance the equities. It will be open for the Accountant General to act upon the certified copy of this order of this Court in this regard. The authorities, like the Executive Engineer, would also be bound to take into account order of this Court while directing payment of pension or pensionary benefits. 6. With these observations and directions, this writ petition stands disposed of.