Second Wife Can Claim Family Pension If Bigamy Is Permitted By Deceased’s Personal Law -HP HC
High Court held in recent Judgement The second wife of a deceased employee is not eligible for a family pension under the Central Civil Service Pension Rules unless personal law permits the petitioner to have more than one ongoing marriage.
After the death of the first wife, the petitioner filed a court petition asking for a pension. The petitioner cited CCS Pension Rule 54, which permits more than one wife to receive a pension. She claimed that because she was the deceased’s legally recognised spouse and the mother of his children, she is qualified to receive a family pension following the death of the second wife.
The court made the initial observation that the second wife (widow) is only eligible for a family pension in situations where a second marriage is legal under personal law.
In this connection, the court also took into consideration the wife’s earlier claim, which was rejected on the grounds that her marriage was illegal because it was consummated while the first marriage was still going strong and such a marriage is prohibited by Hindu Personal Law.
Durga Devi
Vs
State of HP & Ors
