Order : Heard Mr. H.L. Shangreiso, learned counsel appearing for the petitioner, Mrs. N.G. Shylla, learned GA appearing for respondents No. 1-6, Mr. R. Debnath, learned CGC appearing for respondent No. 7 and Mr. K.Paul, learned counsel appearing for respondent No. 8. 2. Both the petitioner Smti. Iberis Nonglait and the private respondent No. 8 Smti. Devincecheris Tympoin are claiming themselves to be the legally married wife of (Late) Moristar Kharbuli, who was serving as Assistant Commandant in the Police Department Government of Meghalaya. This writ petition relates with the pensionary benefits of (Late) Moristar Kharbul. In the present writ petition, the petitioner is assailing the impugned order/letter dated 25.01.2013 of the Commandant 5th Battalion Meghalaya Police, Samong, Williamnagar informing the petitioner that the private respondent No. 8 Smti. Devincecheris Tympoin had produced the testimonials from the Dorbar Shnong and also the N.O.C. from (Late) Moristar Kharbuli that she is the wife of (Late) Moristar Kharbuli and under such circumstances; the Department had no other alternative but to make payment of his service benefits to the private respondent No. 8. However, under the said impugned letter dated 25.01.2013, the petitioner had further been requested to produce any credentials/testimonials, if any, to counter her claim of the service benefits of (Late) Moristar Kharbuli within a period of 15 (fifteen) days from the date of receipt of the letter. 3. It is the case of the petitioner that she married with (Late) Moristar Kharbuli in the year 1982 under the Khasi Customary rituals and practices and their marriage is well recognized and accepted by the respective families of the petitioner and (Late) Moristar Kharbuli as well as the community. It is admitted case of the parties that three children were born of the marriage of the petitioner with (Late) Moristar Kharbuli and birth certificates of the said three children show very clear that (Late) Moristar Kharbuli is the father of the three children of the petitioner. It is also stated in the writ petition that the (Late) Moristar Kharbuli during his life time all along had given maintenance allowance to the petitioner and her three children. (Late) Moristar Kharbuli, died on 30.11.2011 while in active service in the Meghalaya Police Department at Tura. It is also stated in the writ petition that the (Late) Moristar Kharbuli during his life time all along had given maintenance allowance to the petitioner and her three children. (Late) Moristar Kharbuli, died on 30.11.2011 while in active service in the Meghalaya Police Department at Tura. It is also alleged in the writ petition that the death body of (Late) Moristar Kharbuli was received by the petitioner and her family members and the petitioner had duly conducted the necessary rituals before cremation. After the death of her husband, the petitioner requested the respondents to release the pensionary benefits as permissible under the service law. The concerned authority, after making necessary enquiry, had informed the petitioner vide letter of the Commandant 5th Battalion Meghalaya Police, Samong, Williamnagar dated 17.09.2012 that the sanctioned order for payment of provisional DCRG amounting to Rs. 4,40,760/- (Rupees Four Lakhs Forty thousand Seven hundred and sixty) only had been issued in favour of the petitioner. 4. It is also stated in the writ petition, inspite of necessary sanctioned order for payment of the said amount, the authority concerned did not release the amount to the petitioner. It is further stated in the writ petition that there are many correspondences between the petitioner and the concerned authority in this regard. Ultimately, the Commandant 5th Battalion Meghalaya Police, Samong, Williamnagar issued an impugned letter dated 25.01.2013 informing that the private respondent No. 8 had produced testimonials for claiming herself to be the wife of (Late) Moristar Kharbuli, and having no alternative, had to make the payment of service benefits of (Late) Moristar Kharbuli to the private respondent No. 8; and by the impugned letter dated 25.01.2013 the petitioner had been requested to produce any credentials/testimonials to show herself that she is the wife of (Late) Moristar Kharbuli. Being aggrieved by the impugned letter 25.01.2013, the petitioner filed the present writ petition praying for quashing the impugned letter dated 25.01.2013 and also for a direction to the State respondents to immediately release the pensionary benefits or service benefits of (Late) Moristar Kharbuli in favour of the petitioner permissible under Meghalaya Civil Services (Pension) Rules and also further direction to the respondent to initiate disciplinary proceedings against the Commandant and others for committing misconduct in involving in the illegal alteration of the service book of her deceased husband. 5. 5. The respondent No. 6, Commandant 5th Battalion Meghalaya Police, Samong, Williamnagar filed an affidavit-in-opposition in the present writ petition wherein, it is stated that after having sanctioned some amount of money in respect of the writ petitioner, it has come to the notice that the deceased officer (Late Moristar Kharbuli) during his life time had altered his nomination of the petitioner in the service book and nominated the private respondent No. 8 as his wife and Miss Mebaieri Pynjanai Tympuin, Miss Paleishisha Tympuin and Wanteinamlarympei Tympuin as his children. 6. The respondent No. 8 also filed affidavit-in-opposition in the present writ petition wherein, it is stated that the writ petition is premature inasmuch as, no final decision had been made by the authorities regarding the payment of pensionary benefits of (Late) Moristar Kharbuli and also stated that by impugned letter dated 25.01.2013, the petitioner had simply been requested to produce her credentials/testimonials to show herself as the legally married wife of (Late) Moristar Kharbuli at the time of his death on 30.11.2011. 7. Mr. H.L. Shangreiso, learned counsel appearing for the petitioner strenuously urged that the authority concerned, after due enquiry, had already sanctioned the pensionary benefits of (Late) Moristar Kharbuli in favour of the petitioner and he further urged that there was no alternation of the nomination of the petitioner as the wife of (Late) Moristar Kharbuli in the service book of her Late husband during his life time; and if there is any alternation in the nomination of (Late) Moristar Kharbuli in the service book, it was only after the death of (Late) Moristar Kharbuli. Mr. H.L. Shangreiso. By referring to the procedures prescribed for nomination of the Govt. employee under Rule 43 of the Meghalaya Civil Services (Pension) Rules contended that the nomination of the employee in the service book can only be altered by giving due notice in the prescribed form by the concerned employee during his life time. In order to see as to whether there was any alternation of nomination of (Late) Moristar Kharbuli, in his service book during his life time, this Court had directed the learned Govt. Advocate to produce service book of (Late) Moristar Kharbuli before this Court. In compliance with the directions of this Court, Mrs. N.G. Shylla, learned GA appearing for respondents No. 1 – 6 placed the service book of (Late) Moristar Kharbuli before this Court. 8. Advocate to produce service book of (Late) Moristar Kharbuli before this Court. In compliance with the directions of this Court, Mrs. N.G. Shylla, learned GA appearing for respondents No. 1 – 6 placed the service book of (Late) Moristar Kharbuli before this Court. 8. On perusal of the service book of (Late) Moristar Kharbuli, it appears that on the application filed by (Late) Moristar Kharbuli on 03.01.2011, the private respondent No. 8 had been nominated as the wife of (Late) Moristar Kharbuli. In this regard, Mr. H.L. Shangreiso, learned counsel appearing for the petitioner contended that re-nomination of the private respondent No. 8 by (Late) Moristar Kharbuli as his as wife could only be made according to law. He further contended that there cannot be marriage of second wife while the first wife is living. To the contra, Mr. K. Paul, learned counsel for private respondent No. 8 contended that the petitioner had already been divorced by (Late) Moristar Kharbuli at the time of marriage of the private respondent No. 8 with (Late) Moristar Kharbuli. This disputed question of fact cannot be decided by this Court in the writ proceedings. 9. On bare perusal of the impugned letter dated 25.01.2013, it is clear that the petitioner had been given a chance to produce any credentials/testimonials to show herself as the wife of (Late) Moristar Kharbuli. In the given case, it appears that the proper remedy would be the civil suit or a suit of civil in nature before the competent Court for declaration that the petitioner was continued to be the wife of (Late) Moristar Kharbuli till his death. This Court is compelled to make observation in the present writ petition that the best way to settle the matter in disputes between the petitioner and private respondent No. 8 would be amicable settlement between them. 10. With the above observations and directions, this writ petition is disposed of.