Second ‘Wife’ in bigamous marriage cannot claim to be a ‘widow’ entitled to pension: Bombay HC [Read Judgment]
9 years, 1 month ago

Second ‘Wife’ in bigamous marriage cannot claim to be a ‘widow’ entitled to pension: Bombay HC [Read Judgment]

Live Law  

Bombay High Court on Wednesday held that if marriage is contracted with second lady in subsistence of first marriage, then the second lady cannot claim to be a widow entitled to pension after the death of the man. “The Indian system has adopted monogamy as a legal structure of the marriage institution and, therefore, occasional second marriage in subsistence of first marriage is held void. “The Indian system has adopted monogamy as a legal structure of the marriage institution and, therefore, occasional second marriage in subsistence of first marriage is held void in law,” Justice Mridula Bhatkar observed, adding, “The second woman cannot be given a status of a legally wedded wife.” The Court was hearing an appeal challenging a 2010 judgment rendered by the Joint Civil Judge, Senior Division, Sangli. The Court thereafter held that family pension cannot be paid to the second wife, as she cannot claim to be a widow entitled to pension.

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History of this topic

Service Rules Do Not Debar Legally Married Second Wife Of Deceased Railway Employee From Claiming Pension: Andhra Pradesh High Court
1 month, 3 weeks ago

Service Rules Do Not Debar Legally Married Second Wife Of Deceased Railway Employee From Claiming Pension: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has clarified that Rule 75 of the Railway Services Rules, 1993 does not bar a Hindu second wife from claiming pension benefits, more so when the second marriage was performed after demise of the first wife. The Court was dealing with an appeal filed by the Railways challenging a Trial Court order granting succession certificate …

Indian Army Can Grant Family Pension To Ex-Serviceman's Second Wife Even If First Marriage Not Legally Dissolved: Kerala High Court
1 year, 6 months ago

Indian Army Can Grant Family Pension To Ex-Serviceman's Second Wife Even If First Marriage Not Legally Dissolved: Kerala High Court

Live Law  

The Kerala High Court recently held that there was no impediment for the Indian Army in granting family pension to the second wife of a deceased serviceman even if the first marriage was not dissolved legally, as long as the first wife was not interested in the pension. Justice Devan Ramachandran observed that the Indian Army could consider the claim …

"No Concept Of Bigamy In Hindu Religion; Second Wife Not Entitled To Family Pension In Presence Of First Wife": Gauhati High Court
2 years, 9 months ago

"No Concept Of Bigamy In Hindu Religion; Second Wife Not Entitled To Family Pension In Presence Of First Wife": Gauhati High Court

Live Law  

The Gauhati High Court has observed that in the Hindu religion, there is no concept of Bigamy and therefore, a second wife is not entitled to a family pension in the existence of the first wife.The bench of Justice Sanjay Kumar Medhi observed thus in a case wherein Petitioner had moved the Court seeking family pension claiming herself to be …

Offspring From An Illegitimate Marriage Of Deceased Also Entitled To Family Pensionary Benefit: Gauhati High Court [Read Order]
4 years, 4 months ago

Offspring From An Illegitimate Marriage Of Deceased Also Entitled To Family Pensionary Benefit: Gauhati High Court [Read Order]

Live Law  

The Gauhati High Court has held that offspring from an illegitimate marriage of a deceased will also be entitled to the family pensionary benefit of such deceased. Whereas the pensionary benefits of their deceased husband Narain Lal were being paid to the first wife, Rameshwari Devi, his second wife, Yogmaya Devi and her children had instituted a writ petition before …

Only first wife of man entitled to lay claim on his money: Bombay HC
4 years, 6 months ago

Only first wife of man entitled to lay claim on his money: Bombay HC

Live Mint  

Mumbai: The Bombay High Court on Tuesday said as per law, if a man has two wives and both lay claim to his money, only the first wife would be entitled for it but his children from both marriages would get the money. Later, Shraddha, Hatankar's daughter from his second wife, approached the Bombay High Court, seeking that she be …

Second ‘Wife’ in bigamous marriage cannot claim to be a ‘widow’ entitled to pension: Bombay HC [Read Judgment]
9 years, 1 month ago

Second ‘Wife’ in bigamous marriage cannot claim to be a ‘widow’ entitled to pension: Bombay HC [Read Judgment]

Live Law  

Bombay High Court on Wednesday held that if marriage is contracted with second lady in subsistence of first marriage, then the second lady cannot claim to be a widow entitled to pension after the death of the man. “The Indian system has adopted monogamy as a legal structure of the marriage institution and, therefore, occasional second marriage in subsistence of …

Marriage Certificate should not be insisted for sanctioning Family Pension if the widow proves herself to be heir: Madras HC [Read Judgment]
9 years, 3 months ago

Marriage Certificate should not be insisted for sanctioning Family Pension if the widow proves herself to be heir: Madras HC [Read Judgment]

Live Law  

The Madras High Court Madurai bench while hearing a case relating to allowing family pension to the second wife held that officials should not insist on production of marriage certificate from Tahsildar or Registrar or District Court for sanctioning family pension when a widow produces 'heir' certificate.The Writ petition was filed by G. Pushpam, the widow of Late A. Ganesan …

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