Patna High Court disposed of writ petition by availing equal distribution of share as per Article 300-A of the Constitution of India
TITLE: Sushma Sharma v. The State of Bihar & Ors.
Decided on: 12-07-2023
CWJC No: 8582/2016
Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH
Facts of the case:
In compliance of the order dated 18.02.2020 passed in present writ petition, the parties have mutually agreed to equally distribute the retiral benefits payable to the deceased employee between the sons and the heirs of the sons of the first wife and the second wife and the petitioner who is second wife of the deceased employee is satisfied with the family pension and it has been admitted the retiral dues will be paid back to the surviving heirs of the deceased employee who have taken birth out of cohabitation of his first wife.
Analysis of the court and decision:
In case parties are aggrieved, they can avail appropriate remedy for equal distribution of the share as per the provision of Article 300-A of the Constitution and in case the distribution as has been agreed by the parties is not done in the manner prescribed, parties may avail appropriate civil remedy before the competent court having jurisdiction.
With the above observations and directions, the present writ petition stands disposed of.
This Court appreciates the indulgence and steps taken by both the parties.
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Written by- Meghana D