Priya Gour
Published on: 8th August, 2022 at 19:57 IST
The Himachal High Court had recently observed that there was no pension entitlement to the second wife of a deceased employee under the Central Civil Services Pension Rules. The clause shall be applicable to provide pension benefit only if the employee’s personal law permitted bigamy.
The bench of Justice Jyotsana Rewal Dua was hearing a claim made by a second wife of an employee (superannuated in the year 1983) who died in 2002. The petitioner approached before the court after the demise of her husband’s first wife.
The petitioner married Bhola Ram in 1964 when she was not aware of his first marriage. Petitioner argued that her marriage was legal after which she gave birth to his children. And therefore, post her husband and his first wife’s demise, she is entitled for family pension. She made reference to Rule 54 of CCS Pension Rules. It was pleaded that that law permits of pension being made to more than one wife under certain situations.
The court held that second wife (widow) can be granted family pension, if bigamy is permissible under the applicable personal laws of the deceased employee and not in general. However, the court dismissed the claim observing that the second marriage was void and that the second wife is only a trustee of the rightful claimant and no relief cannot be granted. However, the bench also noted:
“Though Section 11 of the Hindu Marriage Act declares second marriage during subsistence of first marriage as null and void, Section 16 provides that children of such null and void marriage shall be legitimate.”
The Court observed as above saying that the children born from second marriage shall be legitimate ones, even if the marriage may not be valid.
In this regard, the Center has had specified the availability of pensioner benefits to the children of a deceased government servant, both from void or voidable marriage under Rule 54(7) (c) of CCS (Pension) Rules, 1972 along with the legally wedded wife;
Rules:
- On the death of legally wedded wife, ith no surviving child , the share of family pension to her stream would not lapse, but would be payable to eligible children from other wedlock in full i.e. 100%.
- If children from the other wedlock become ineligible to receive pension, their share of the family pension would not lapse but would be payable to the legally wedded wife and her children as the case may be in full
- In case deceased employee is survived by a widow and children from first wife however second marriage was solemnized after the death of first wife or after getting divorce from first wife, family pension will be shared equally by second widow being legally wedded wife along with children from first marriage.
Hence, the Court dismissed the claim, saying that the second wife was a mere trusty and nit the actual claimant of the pension benefits.