Friday, November 30, 2007
Monday, November 26, 2007
Sunday, November 25, 2007
What is to be done fate is against.
The fate
Three days back she came to my Office in early morning. Usually my office start functioning at 8.30 Am and in certain occasions me is earlier than my clerk. She is about 62 years, 4 feet height and semi blind poor village lady. When I entered into my cabin, her feeble noise invited me from the corner of the office room near to the seat of clerk “sir, why are you late today? I have been waiting here half hours back”. Even without seeing her face I realized she is Meenakshiamma my very old client, and called her first to my cabin. Her feeble but dominate and corrective invitation with impatience lost its rigidity in rhythmic and sweet utterance. I am so familiar with the silly but persuading complaints of that village lady from the last ten years and she is of a client not liked with my appointment in other courts even at the roll call time of her case. In my experience she is so much trusted me and also paid much from her meagre claim amounts than compared to other clients of haves. Her visit is unexpected because she has no pending cases or chance for maintenance claims since her husband expired 9 months back and I had no information about her from the last 6 months. She came with a folded envelop contained unreadable carbon copy of a letter in English served from AG'S office regarding her family pension.
Her life is so pity as I knew. Her husband Kesavan was a retired government school master and pensioner when she first approached me for filing maintenance petition for herself and minor daughter. They belong to a backward community and relatives prior to their marriage. Meenakshiamma’s aged maternal uncle had no issues and she lived with him as an adoptive daughter and at that time her marriage was solemnized with his employed and younger brother in-law i.e. wife’s brother Kesavan about 40 years back. Three daughters born out from their wed-lock but he suspected about the chastity of his wife at her last pregnancy. And in the mean time her uncle died intestate and Kesavan disposed off all his properties on behalf of his sister and left the place with his elder sister leaving his wife and children in the paternal home of his wife after made an attempt to burn the home with kerosene. Meenakshiamma’s real parents died at that time leaving her only brother working outside of Kerala. There started her litigation 26 years back against Kesavan for maintenance and lonely struggle for her children. The allowed total maintenance amount of Rs.150/- per month for the four lives was so meagre for their existence and her husband made willful default, she has taken several roles as Peerless agent, Maid servant, Home nurse etc for the well being of the children. Once prior to my engagement her husband accepted imprisonment on refusal of the arrears of maintenance amount to my client. The only helpful thing happened in life is from her sole younger brother working out side who allowed her to reside in the family house belong to him.
Her elder daughter was a chronic headache patient and after completing the secondary school education, the eldest daughter has taken to the work place of her brother for further studies and on his due efforts of the years she got a job in Delhi government service and got married with a co-worker. Misfortune followed my client as in the form of brain tumor of her elder daughter and consequential death within five months of her entry in the service. In her misery and acute agony my client courageously gave effective support for the education of daughters. Her second daughter is a nurse and got married about 4 years back having no time to look after her aged mother and unemployed post graduate younger sister. Long years hand work in the midst of misery and agony ruined her health by chronic asthma, sugar, pressure, back pain, cataract etc and she is not in a position to do any work. The marriage of her second daughter heavily indebted my client and youngest daughter’s marriage is to be conducted, and on her frantic run the unexpected death of Kesavan Occurred.
After the retirement from the service as known to me from his various affidavits before the court, Kesavan was leading a concealed life with his elder sister and a maid servant in a hilly rural area at about 150 km away from his family house and my client may correct as with a concubine. All his previous counter affidavits, Kesavan leveled unchastity against my client and denied paternity over her third daughter. But in his pension book and service records only his 3 daughter’s names recorded as legal heirs and nominees left blank in wife’s column. But in the last stage of their litigation he was paying the maintenance amount directly to my client by traveling 150 km with his sickness on each execution petitions without any objection. It was a difficult task for me to found out his address through his treasury account on pension at the first engagement for my client. At her old age and financial indebt, it was an ambition of my client to make admit her chastity and paternity of her daughters before the society by her husband as the minimum expectation of a village lady than monetary help. In several occasions I truly doubted about her regular and usual arrival in the court in her sickness was either for collecting the meagre monthly maintenance or for seeing the aged husband. In my experience once she dared to submit her willingness before the court to relinquish a substantial portion of arrears amount when her husband was ordered to send jail in the absence of non payment of the arrears. The natural revolution of years molded their mind to conceive on delusion was the reason for their slight change at old age.
She had a little fear to attend her husband’s funeral and on taking my advice herself and eldest daughter found the path for their satisfaction. I could see the glimpses of light in her eyes in sadness when she was informed about the right to get family pension on account of the demised husband. I was firm belief that soon she would become a pensioner when she informed about her application of 8 months back before the authorities and her next arrival was collecting some records like her marriage certificate from her file in connection with the pension application. On passing all these things in my mind I noticed about her pale and wrinkle face and shabby dresses which made an impression of 10 years oldness on her face.
Now a clerical mistake was the villain in her life and her life and future is revolving on the mistake in the name of wife of the deceased in the death register. There is no other office or department for her to visit for sanctioning her pension papers. She told that some perverted officers dared to demand her to produce an official certificate that her marriage has not been dissolved for passing the pension application. Her unmarried and post graduated daughter is working as a home nurse for their lively hood and she is always in hospital in loneliness. On a careful reading through the illegible scribe in between the lines I realized that the letter is the copy of one forwarded to the District Director of Education as an objection directing him to collect and forward the pension application in the name of wife shown in the death certificate. How easy for the officials to make a new wife to a deceased man. On knowing the contents of the letter my client had a sigh as "what is to be done fate is against" and put a question whether she could get the pension in deathbed?
Three days back she came to my Office in early morning. Usually my office start functioning at 8.30 Am and in certain occasions me is earlier than my clerk. She is about 62 years, 4 feet height and semi blind poor village lady. When I entered into my cabin, her feeble noise invited me from the corner of the office room near to the seat of clerk “sir, why are you late today? I have been waiting here half hours back”. Even without seeing her face I realized she is Meenakshiamma my very old client, and called her first to my cabin. Her feeble but dominate and corrective invitation with impatience lost its rigidity in rhythmic and sweet utterance. I am so familiar with the silly but persuading complaints of that village lady from the last ten years and she is of a client not liked with my appointment in other courts even at the roll call time of her case. In my experience she is so much trusted me and also paid much from her meagre claim amounts than compared to other clients of haves. Her visit is unexpected because she has no pending cases or chance for maintenance claims since her husband expired 9 months back and I had no information about her from the last 6 months. She came with a folded envelop contained unreadable carbon copy of a letter in English served from AG'S office regarding her family pension.
Her life is so pity as I knew. Her husband Kesavan was a retired government school master and pensioner when she first approached me for filing maintenance petition for herself and minor daughter. They belong to a backward community and relatives prior to their marriage. Meenakshiamma’s aged maternal uncle had no issues and she lived with him as an adoptive daughter and at that time her marriage was solemnized with his employed and younger brother in-law i.e. wife’s brother Kesavan about 40 years back. Three daughters born out from their wed-lock but he suspected about the chastity of his wife at her last pregnancy. And in the mean time her uncle died intestate and Kesavan disposed off all his properties on behalf of his sister and left the place with his elder sister leaving his wife and children in the paternal home of his wife after made an attempt to burn the home with kerosene. Meenakshiamma’s real parents died at that time leaving her only brother working outside of Kerala. There started her litigation 26 years back against Kesavan for maintenance and lonely struggle for her children. The allowed total maintenance amount of Rs.150/- per month for the four lives was so meagre for their existence and her husband made willful default, she has taken several roles as Peerless agent, Maid servant, Home nurse etc for the well being of the children. Once prior to my engagement her husband accepted imprisonment on refusal of the arrears of maintenance amount to my client. The only helpful thing happened in life is from her sole younger brother working out side who allowed her to reside in the family house belong to him.
Her elder daughter was a chronic headache patient and after completing the secondary school education, the eldest daughter has taken to the work place of her brother for further studies and on his due efforts of the years she got a job in Delhi government service and got married with a co-worker. Misfortune followed my client as in the form of brain tumor of her elder daughter and consequential death within five months of her entry in the service. In her misery and acute agony my client courageously gave effective support for the education of daughters. Her second daughter is a nurse and got married about 4 years back having no time to look after her aged mother and unemployed post graduate younger sister. Long years hand work in the midst of misery and agony ruined her health by chronic asthma, sugar, pressure, back pain, cataract etc and she is not in a position to do any work. The marriage of her second daughter heavily indebted my client and youngest daughter’s marriage is to be conducted, and on her frantic run the unexpected death of Kesavan Occurred.
After the retirement from the service as known to me from his various affidavits before the court, Kesavan was leading a concealed life with his elder sister and a maid servant in a hilly rural area at about 150 km away from his family house and my client may correct as with a concubine. All his previous counter affidavits, Kesavan leveled unchastity against my client and denied paternity over her third daughter. But in his pension book and service records only his 3 daughter’s names recorded as legal heirs and nominees left blank in wife’s column. But in the last stage of their litigation he was paying the maintenance amount directly to my client by traveling 150 km with his sickness on each execution petitions without any objection. It was a difficult task for me to found out his address through his treasury account on pension at the first engagement for my client. At her old age and financial indebt, it was an ambition of my client to make admit her chastity and paternity of her daughters before the society by her husband as the minimum expectation of a village lady than monetary help. In several occasions I truly doubted about her regular and usual arrival in the court in her sickness was either for collecting the meagre monthly maintenance or for seeing the aged husband. In my experience once she dared to submit her willingness before the court to relinquish a substantial portion of arrears amount when her husband was ordered to send jail in the absence of non payment of the arrears. The natural revolution of years molded their mind to conceive on delusion was the reason for their slight change at old age.
She had a little fear to attend her husband’s funeral and on taking my advice herself and eldest daughter found the path for their satisfaction. I could see the glimpses of light in her eyes in sadness when she was informed about the right to get family pension on account of the demised husband. I was firm belief that soon she would become a pensioner when she informed about her application of 8 months back before the authorities and her next arrival was collecting some records like her marriage certificate from her file in connection with the pension application. On passing all these things in my mind I noticed about her pale and wrinkle face and shabby dresses which made an impression of 10 years oldness on her face.
Now a clerical mistake was the villain in her life and her life and future is revolving on the mistake in the name of wife of the deceased in the death register. There is no other office or department for her to visit for sanctioning her pension papers. She told that some perverted officers dared to demand her to produce an official certificate that her marriage has not been dissolved for passing the pension application. Her unmarried and post graduated daughter is working as a home nurse for their lively hood and she is always in hospital in loneliness. On a careful reading through the illegible scribe in between the lines I realized that the letter is the copy of one forwarded to the District Director of Education as an objection directing him to collect and forward the pension application in the name of wife shown in the death certificate. How easy for the officials to make a new wife to a deceased man. On knowing the contents of the letter my client had a sigh as "what is to be done fate is against" and put a question whether she could get the pension in deathbed?
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