Only a lawyer can understand this ‘logic’.
Second wife has no claim on family pension BUT Second wife’s kids can claim pension share. Extracts from two news reports
Second wife has no claim on family pension: HC
3 Mar 2008, 0000 hrs IST , Shibu Thomas , TNN
MUMBAI: It’s not just society that looks down on a second marriage. In tune with the laws of the land, the Bombay High Court, too, has frowned on such relationships.
In an important judgment, a division bench of the court recently held that a second wife has no claim over the family pension of a government employee.
The bench of Justices Ranjana Desai and Roshan Dalvi dismissed a petition filed by a Pune resident who had laid claim to the family pension of her “husband” after his death.
The petition was filed by Leelabai Bhegade, who claimed to be the second wife of Vithal Bhegade. Bhegade, who had retired from the Pune Ordnance Factory in 1983, died in 2000, followed by his first wife Laxmi in 2002.
Leelabai then applied for the family pension. The government rejected her plea. The Central Administrative Tribunal, too, dismissed her application and she approached the high court.
Advocate J M Tanpure contended that the ration card, as well as electoral rolls, showed Leelabai as Bhegade’s second wife.
Advocate S S Pakale, representing the Union government, cited a series of laws as well as provisions against bigamy. Most important was the Hindu Marriage Act enacted in 1955.
Section 11 of the Act says a second marriage by a Hindu man during the lifetime of his first wife will be deemed null and void. Further, Rule 21 of the Central Civil Service (Conduct) Rules bars a government employee from entering into a second marriage when his or her spouse is still alive.
2nd wife has no claim on family pension: HC
Shibu Thomas | TNN Mumbai:
It’s not just society that looks down on a second marriage. In tune with the laws of the land, the Bombay high court, too, has frowned on such relationships. In an important judgment, a division bench of the court recently held that a second wife has no claim over the family pension of a government employee.
The bench of Justices Ranjana Desai and Roshan Dalvi dismissed a petition filed by a Pune resident who had laid claim to the family pension of her ‘‘husband’’ after his death.
The petition was filed by Leelabai Bhegade, who claimed to be the second wife of Vithal Bhegade. Bhegade, who had retired from the Pune Ordnance Factory in 1983, died in 2000, followed by his first wife Laxmi in 2002. Leelabai then applied for the family pension. The government rejected her plea. The Central Administrative Tribunal, too, dismissed her application and she approached the high court.
Advocate J M Tanpure contended that the ration card, as well as electoral rolls, showed Leelabai as Bhegade’s second wife. Advocate S S Pakale, representing the Union government, cited a series of laws as well as provisions against bigamy. Most important was the Hindu Marriage Act enacted in 1955. Section 11 of the Act says a second marriage by a Hindu man during the lifetime of his first wife will be deemed null and void. Further, Rule 21 of the Central Civil Service (Conduct) Rules bars a government employee from entering into a second marriage when his or her spouse is still alive.
Second wife’s kids can claim pension share
Mumbai: In a case where the Bombay HC dismissed the petition filed by a second wife to claim pension of her dead husband, advocate S S Pakale, representing the government, also pointed out that the department of pension and pensioners’ welfare had made it clear through one of its directives in 1987 that the second wife would not be entitled to family pension as a legally wedded spouse.
The court agreed with the government’s stand on the legal position of a second wife. The judges also referred to the SC’s decision of 2000 in the Rameshwari Devi versus State of Bihar case.
In that instance, the SC had held that while minor children from a second marriage could claim a share of the family pension till they turned adults, the second wife was not entitled to it.
The court also observed that Leelabai had failed to prove that she was married to Bhegade, as he had not nominated her to receive the pension. Moreover, Leelabai had applied for the pension only after his first wife had died. This created doubts about her claims, the court said.
