SPECIAL APPEAL No. 121 of 2025 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:18518-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 121 of 2025 Appellant :- Urvashi Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Medical And Health Deptt. U.P. Lko. And Another Counsel for Appellant :- Fuhar Gupta,Sushil Kumar Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Karunesh Singh Pawar,J. 1. Heard Ms. Fuhar Gupta and Sri Sushil Kumar learned counsel for the appellant and Sri Praful Yadav learned Additional Chief Standing Counsel for the State. 2. The intra court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules is directed against the judgment and order dated 28.2.2025 whereby the claim of family pension made by the appellant before the writ court has been turned down on the ground that the same does not stand the test of statutory rules applicable in this behalf unless a declaration was sought by the appellant before the competent court of civil jurisdiction regarding her marriage being 'legitimate'. 3. Briefly stated facts of the case are that the appellant claims to have married to one Dr. Ram Babu. During the subsistence of his first marriage. The name of his first wife Ms. Shar