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 to the 2nd wife of a deceased employee. Originally, a petition was filed by the 2nd wife for grant of Succession Certificate under Section 372 of the Indian Succession Act, in respect of deceased employee's PF assets, leave salary, etc. The trial court noted that a valid marriage was subsisting between the deceased and his second wife and that the Lok Adalat award entitled her to a certain share.

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History of this topic

Family Pension Not Subject Matter Of Testamentary Disposition, Husband Can't Exclude Wife And Children From It By Filing Application: Kerala HC
1 month, 2 weeks ago

Family Pension Not Subject Matter Of Testamentary Disposition, Husband Can't Exclude Wife And Children From It By Filing Application: Kerala HC

Live Law  

The Kerala High Court held that an employee cannot make a representation that his legally wedded wife or other dependents are not entitled to claim the family pension. “Family pension unlike the other pensionary benefits like provident fund, gratuity etc could not be a subject matter of testamentary disposition by the employee during his lifetime. The High Court affirmed the …

When Deceased Govt Employee Married Second Wife Without Divorcing First Wife, Only The Latter Will Get Family Pension: Rajasthan High Court
3 months, 1 week ago

When Deceased Govt Employee Married Second Wife Without Divorcing First Wife, Only The Latter Will Get Family Pension: Rajasthan High Court

Live Law  

Rajasthan High Court has accepted the petition by the first wife of a deceased government employee for family pension on the grounds that no valid divorce took place between them since “social divorce” was not recognized by our legal system. In this light, since the marriage with the second wife was not valid as per the Hindu Marriage Act, 1955, …

Karnataka HC Allows Plea For Family Pension By 2nd Wife Of Deceased Railway Employee, Says Pension Rules Recognises Equal Share For Widows
1 year, 2 months ago

Karnataka HC Allows Plea For Family Pension By 2nd Wife Of Deceased Railway Employee, Says Pension Rules Recognises Equal Share For Widows

Live Law  

The Karnataka High Court has allowed a petition filed by the second wife of a railway employee seeking the release of 50% family pension by the authorities on the death of the employee in the course of employment. The bench said “The Pension Rules recognize equal share in family pension in such a situation. If the Rules did not envisage …

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 …

Service Benefits- Female Partner In A Live-In Relationship Cannot Have A Better Claim Than A Legally Married Wife: Kerala High Court
3 years, 8 months ago

Service Benefits- Female Partner In A Live-In Relationship Cannot Have A Better Claim Than A Legally Married Wife: Kerala High Court

Live Law  

A Division Bench of the Kerala High Court on Wednesday while deciding a matrimonial appeal held that when there is evidence of long cohabitation of a man with two women simultaneously, one pursuant to a ceremonial marriage and the other not so, the presumption of valid marriage leans in favour of the former. The appellant Rajeeve approached the Court aggrieved …

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]
4 years, 6 months ago

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has observed that after husband's death, a woman has every right to claim maintenance from the estate inherited by her father-in-law.High Court has dismissed a writ petition filed by a man who challenged an order passed by Family Court, Bandra granting interim maintenance to his widowed daughter-in-law and grandson.Justice Nitin W Sambre observed that as per …

Widow Cannot Be Deprived Of Property Vested In Her Merely For Contracting A Second Marriage: Karnataka HC [Read Order]
5 years, 9 months ago

Widow Cannot Be Deprived Of Property Vested In Her Merely For Contracting A Second Marriage: Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has observed that a widow cannot be deprived of the property vested in her merely for contracting a second marriage. The High Court, in a petition challenging this order, observed that it was not shown any provision of law or a ruling of the Apex Court or of the other High Courts in support of the …

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 …

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 …

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]
9 years, 7 months ago

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]

Live Law  

The Madras High Court, in M.Chinna Karuppasamy Vs. Kanimozhi, has held that a divorced wife is living in ‘illicit relationship’ with man other than her former husband is disqualified from claiming maintenance from her former husband. Justice Nagamutthu further held that “The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a …

Madras High Court rules that Second Wife has a legal right to pension [Read Judgment]
9 years, 8 months ago

Madras High Court rules that Second Wife has a legal right to pension [Read Judgment]

Live Law  

Justice D. Hariparanthaman of the Madras High Court has granted pension rights to the second wife of a deceased police official, setting aside the order of the Principal Accountant General.The Court held that even if the couple was not validly married, they had been living together since 1976. Justice D. Hariparanthaman of the Madras High Court has granted pension rights …

Madras High Court rules that Second Wife has a legal right to pension [Read Judgment]
9 years, 8 months ago

Madras High Court rules that Second Wife has a legal right to pension [Read Judgment]

Live Law  

Justice D. Hariparanthaman of the Madras High Court has granted pension rights to the second wife of a deceased police official, setting aside the order of the Principal Accountant General.The Court held that even if the couple was not validly married, they had been living together since 1976. Justice D. Hariparanthaman of the Madras High Court has granted pension rights …

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