Supreme Court of India
Smt. Shiramabai W/o Pundalik Bhave and Others v. The Captain, Record Officer for O.I.C. Records, Sena Corps Abhilekh, Gaya, Bihar State and Anr.
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What the Court ordered
In view of the aforesaid discussion, the impugned judgment dated 25th June, 2013, passed by the High Court of Karnataka Circuit Bench at Dharwad endorsing the order dated 16th September, 2010, passed by the First Appellate Court cannot be sustained and are, accordingly, quashed and set aside.
Judgment, page 11
From the headnote
Issue for consideration : Whether the order passed by the High Court denying the appellants-mother and her children, the entitlement to receive the pension payable on the demise of her husband-military perso nnel is sustainable, where the military personnel contracted a mar riage with the appellant and two children born from their relationship, during subsistence of his marriage with the legally wedded wife but, subsequently a decree of divorce was passed, dissolving the said marriage and meanwhil e, the military personnel was discharged from service and granted service pension. Service law :
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