Court Rules Pension Dispute Civil in Nature, Protects Senior Cardiologist
In a significant development, the Mumbai sessions court has granted anticipatory bail to renowned cardiologist Dr Lekha Pathak, aged 79, in a contentious case involving the pension benefits of former Maharashtra deputy chief minister Ramrao Adik. The court emphasized that the matter primarily constitutes a civil dispute rather than a criminal case.
Additional Sessions Judge Avinash Kulkarni, in his order passed last week and made available on Thursday, provided protection from arrest to the elderly doctor while ensuring the investigation could proceed without obstruction.
Court Cites Age, Cooperation and Lack of Criminal Intent
The court carefully considered multiple factors in Dr Pathak's favor during the bail proceedings. Judge Kulkarni noted her advanced age of 79 years, her reputation as a respected medical professional, and her complete cooperation with investigating authorities.
"The applicant/accused (Pathak), being a 79-year-old senior citizen, reputed doctor and having fully cooperated with the authorities, does not require custodial interrogation," the court explicitly stated in its order. The judgment further highlighted that there was no evidence of criminal intent on Dr Pathak's part regarding the pension entitlement dispute.
The court also took into account her clean background and health conditions while emphasizing that civil disputes should not lead to unnecessary harassment through criminal proceedings.
Background of the Pension Eligibility Controversy
The legal conflict originated from a complaint filed by Prithviraj Adik, son of the late Ramrao Adik, who served as Maharashtra's deputy chief minister and passed away in 2007. The complaint alleged that Dr Pathak was improperly receiving pension benefits meant for the widow of a former legislator under the Maharashtra Legislative Members Pension Act of 1976.
Prithviraj contended that Dr Pathak wasn't the lawful widow of his father and therefore ineligible for the pension. He asserted that his mother, Shobha Adik, who died in 2022, remained the legally wedded wife entitled to the benefits.
Following directions from a magistrate court, the Marine Drive police registered a complaint naming Dr Pathak, alleging she had forged documents to claim the pension.
Dr Pathak's Defense and Historical Context
In her defense, Dr Pathak presented several key arguments. She claimed that Ramrao Adik and his first wife had executed a divorce deed in 1989 and that she had married him in 1995. She also referenced a previous Bombay High Court petition where Shobha Adik had identified Dr Pathak as a defendant, specifically referring to her as Adik's wife.
Dr Pathak further emphasized that the Maharashtra Legislative Council had conducted proper verification before approving her pension application. She also pointed to a compromise decree based on Adik's will filed in 2006, which she argued was being violated by the current complaint.
The court acknowledged these complexities, noting that Shobha Adik had previously admitted that Dr Pathak was Ramrao Adik's wife. However, the court clarified that determining whether she qualifies as a legally wedded wife remains a civil matter.
The sessions court's decision represents a significant development in this long-standing family and legal dispute, providing temporary relief to the elderly cardiologist while the underlying civil matters continue to be examined through appropriate legal channels.
