Rajasthan High Court Permits Woman To Appear In Exam For Widow Candidates, Despite Objection By Deceased's Subsequent Wife
The Rajasthan High Court granted relief to a woman claiming to be the widow of a man, to complete her Diploma Course in Elementary Education under ST (Widow) Category, despite challenge to her status of “widow” by the subsequent wife of the deceased.Justice Anoop Kumar Dhand held that the status of the petitioner as “widow” or “divorced wife” of the deceased could not be...
The Rajasthan High Court granted relief to a woman claiming to be the widow of a man, to complete her Diploma Course in Elementary Education under ST (Widow) Category, despite challenge to her status of “widow” by the subsequent wife of the deceased.
Justice Anoop Kumar Dhand held that the status of the petitioner as “widow” or “divorced wife” of the deceased could not be adjudicated by it as it is a disputed question of fact. It however said that since she was allowed to continue the course based on an interim order, she could not be deprived of the benefit now.
"It is for the petitioner and the respondent No.8 (subsequent wife) to approach the appropriate forum of law for declaration of their status. But looking to the fact that by way of passing an interim order dated 21.10.2024 passed by this Court, the petitioner was permitted to undergo her studies of Diploma Course in Elementary Education and she has completed the same, now, at the verge of completion of the aforesaid course, she cannot be deprived from the benefit of studies, which she has underwent under the protection of the interim order passed by this Court".
Petitioner had taken admission in the course under the ST (widow) category after claiming to be the widow of a person. After the admission was granted, the respondents wanted to cancel the admission when she approached the Court. As an interim direction, she was allowed to continue her studies.
Based on this interim direction, the petitioner completed her studies and submitted the examination form, however, the respondents did not issue admit card to her. Hence, the petitioner again approached the Court.
On the contrary, respondent no. 8 claimed that the petitioner had taken "social divorce" from the deceased. In this regard, divorce petition was also pending which was submitted by the petitioner herself mentioning the fact of social divorce.
Pending the divorce petition, the deceased solemnized marriage with respondent no. 8, and thereafter he had passed away. Hence, petitioner was not the widow but divorced wife of the deceased. Respondent no. 8 said that the petitioner was not entitled to claim the benefit of the deceased's widow for taking admission in the course.
After hearing the contentions, the Court directed the respondents to allow the petitioner to appear in the examination, "under these peculiar circumstances".
The court however said that the order cannot be used by petitioner to claim any benefits of being widow of the deceased anywhere.
Accordingly, the petition was allowed.
Title: Nisha Meena v State of Rajasthan & Ors.
Citation: 2025 LiveLaw (Raj) 275