GAUHATI HIGH COURT ISSUES ORDER ON SMTI. RINTI MUSHAHARY V/S CENTRAL BANK OF INDIA AND ANR

GUWAHATI, India, Oct. 9 -- Gauhati High Court issued the following order on Sept. 9:

1. Heard Mr. A. Ganguly, the learned counsel appearing on behalf of the Appellants in both the appeals and Mr. N. Hoque, the learned counsel appearing on behalf of the private Respondents in the appeals and Mr. M. Sharma, the learned Standing counsel appearing on behalf of the Central Bank of India.

2. Both the appeals are taken up together for disposal taking into account that in both the appeals, the parities, issues which arise for consideration and the substantial questions of law so framed are one and the same.

3. In RSA No.260/2014 which is directed against the judgment and decree dated 12.06.2014 passed in Title Appeal No.15/2011 whereby the judgment and decree dated 24.10.2011 passed by the learned Munsiff No.1, Sonitpur at Tezpur (hereinafter referred to as "the learned Trial Court") in Title Suit No. 18/2007 was upheld, this Court vide an order dated 06.04.2015 framed the following substantial question of law: "(1) Late Ripul Mushahary having submitted himself to the Hindu religious faith for solemnization of his marriage with the plaintiff/appellant as per the customs and traditions of the Hindu marriage, whether marriage of the plaintiff with her deceased husband can be said to be void on account of contravention of the provisions of Christian Marriage Act.?"

4. In RSA No. 43/2015 which is directed against the judgment and decree dated 12.06.2014 in Title Appeal No. 14/2011 whereby the Appeal was dismissed thereby confirming the judgment and decree passed by the learned Trial Court dated 24.10.2011 in Title Suit No.28/2006, the learned Coordinate Bench of this Court vide an order dated 06.04.2015 had framed the following substantial questions of law: "(1) The suit having been instituted on the basis of permission obtained under Order I Rule 8 CPC from the Court whether the Courts below were justified in holding the plaintiff's suit to be bad for non-joinder of necessary parties? (2) Late Ripul Mushahary having submitted himself to the Hindu religious faith for solemnization of his marriage with the plaintiff/appellant as per the customs and traditions of the Hindu marriage, whether marriage of the plaintiff with her deceased husband can be said to be void on account of contravention of the provisions of Christian Marriage Act.?"

5. While hearing these appeals, this Court had framed an additional substantial question of law on 08.08.2023. The said additional substantial question of law was reframed by an order dated 18.02.2025 taking into account the provisions of the Central Bank of India (Employees') Pension Regulations, 1995 (for short 'the Regulations of 1995') as well as the Central Bank of India (Officers') Service Regulations, 1979 (for short 'the Regulations "Whether the learned Courts below were justified in appropriating the entitlement for pension between the appellant No.2 and the respondent No.2, her mother and other sisters without taking into consideration the definition of "Family" defined in Regulation 2(o) read with Regulation 39 of the Regulations of 1995."

6. The question therefore which arises before this Court at this stage of final hearing is as to whether the substantial questions of law so formulated are involved in the present appeals.

7. For that purpose, this Court finds it relevant to take note of the brief facts which led to the filing of the present appeals. 8. The Appellant No.1 herein had filed a suit which was registered and numbered as Title Suit No.28/2006. In the said suit, it was stated that one Shri Ripul Mushahary (since deceased) while posted at Lokhra as a cashier of the Central Bank of India (CBI) married the Appellant No.1 on 06.03.2000 at Sri Sri Kalia Gosain Than Namghar according to religious rites of the Satra in presence of the father of the Appellant No. 1 and local villagers and devotees of Sri Sri Kalia Gosain Satra.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1Iym3IZoIGeT1rEAatUW1WxiZFGYB%2BDwebPLH7L0W2o4&caseno=RSA/43/2015&cCode=1&cino=GAHC010210392015&state_code=6&appFlag=)

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