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 and a Junior. 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 Single Bench Justice Hariparanthaman after hearing her passed order observing that in the heir certificate issued by the Tahsildar the petitioner had been mentioned as the second wife of the employee. “In view of the Birth Certificate, the respondent is not justified in refusing to pay the family pension to the petitioner by stating one reason or other.

Family Court Pension Family Pension Wife Tahsildar Ganesan Marriage Certificate Heir Certificate  read  proves  wife  sanctioning  marriage  family  court  pension  heir  certificate  pushpam  madras  petitioner  second  insisted  ganesan  judgment  widow

History of this topic

Legal Heirship Certificate Can Be Issued Based On Affidavit Of Applicant & Persons Known To Family Like Neighbours And Relatives: Madras HC
1 week, 1 day ago

Legal Heirship Certificate Can Be Issued Based On Affidavit Of Applicant & Persons Known To Family Like Neighbours And Relatives: Madras HC

Live Law  

The Madras High Court has recently observed that while applying for a legal heirship certificate, if no proof is available to determine who the legal heirs are, the authorities may prepare a report based on the affidavit given by the applicant and five affidavits of persons knowing the family, like a neighbour or a relative. The court was hearing a …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
2 weeks, 2 days ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Family Pension Not Subject Matter Of Testamentary Disposition, Husband Can't Exclude Wife And Children From It By Filing Application: Kerala HC
1 month, 3 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 …

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 …

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court
1 month, 3 weeks ago

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court

Live Law  

The Delhi High Court has observed that the family pension being received by legal heirs of a deceased cannot be considered for calculating compensations towards 'Loss of Dependency' payable under the Motor Vehicles Act. At the outset, the High Court remarked that monetary compensation has to be granted in a just and fair manner so as to alleviate any financial …

Persons Being Taken Care Of By Relatives Also Entitled To Claim Old Age Pension: Madras High Court
2 months ago

Persons Being Taken Care Of By Relatives Also Entitled To Claim Old Age Pension: Madras High Court

Live Law  

The Madras High Court recently observed that the Indira Gandhi National Old Age Pension Scheme did not contain any specific provision that excluded persons who were being taken care of by their relatives. Thus, Justice GK Ilanthiraiyan ordered benefits to be given to an octogenarian whose application for old age pension was rejected due to the fact that he was …

Succession Certificate Not Required For Death-Cum-Retirement Benefits In Case Of Existing Nomination: Allahabad High Court
3 months, 1 week ago

Succession Certificate Not Required For Death-Cum-Retirement Benefits In Case Of Existing Nomination: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that it is not necessary for an applicant to provide a succession certificate if a nomination exists to their name, while making an application for death-cum-retiral benefits of a deceased government employee. Regarding the petitioner's claim to the death-cum-retiral benefits, the Court observed that neither the Court nor the respondent authorities could determine …

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, …

Daughter Who Became Widowed/ Divorced After Death Of Govt Employee Parent Falls Outside “Family” Under Pension Rules: Rajasthan HC
3 months, 1 week ago

Daughter Who Became Widowed/ Divorced After Death Of Govt Employee Parent Falls Outside “Family” Under Pension Rules: Rajasthan HC

Live Law  

Rajasthan High Court rejected a bunch of writ petitions filed by daughters claiming family pension pursuant to their respective parents' death who were government employees, on the basis of them attaining status of a widow or a divorcee, subsequent to their parents' demise. It was also pointed out that now, the Finance Department had also clarified that daughter of a …

[Compassionate Appointment] Family Pension Of Deceased Employee Need Not Be Considered Assessing Family's Income: Madras High Court
1 year, 2 months ago

[Compassionate Appointment] Family Pension Of Deceased Employee Need Not Be Considered Assessing Family's Income: Madras High Court

Live Law  

The Madras High Court recently observed that as per a Government Order issued by the Labour and Employment Department, the family pension of a deceased employee need not be considered while assessing the income of the family while considering an application for compassionate appointment. The court also noted that as per the Government Order, when a person in the family …

What is the scheme Kalaignar Magalir Urimai Thittam in Tamil Nadu? | Explained
1 year, 6 months ago

What is the scheme Kalaignar Magalir Urimai Thittam in Tamil Nadu? | Explained

The Hindu  

On September 15, 2023, the birth anniversary of former Tamil Nadu Chief Minister and Dravida Munnetra Kazhagam founder C.N. Besides, families receiving regular Social Security Scheme Pensions such as Old Age Pension, Widow Pension, Unorganised Workers’ Welfare Pension and families receiving Pension/Family pension from the Government were declared ineligible for the benefit. However, families, with member affected with intellectual disability, …

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 …

Calcutta High Court Directs MHA To Transfer Entitlements, Refund Over Rs 5 Lakh To Freedom Fighter Pension Scheme Beneficiary’s Son
1 year, 10 months ago

Calcutta High Court Directs MHA To Transfer Entitlements, Refund Over Rs 5 Lakh To Freedom Fighter Pension Scheme Beneficiary’s Son

Live Law  

The Calcutta High Court recently directed the Union Government to transfer the pension entitlements of a deceased Freedom Fighter, which was due to him and was credited under the Swatantra Sainik Samman Pension Scheme but was later returned to the Union Home Ministry as he had failed to submit the Life Certificate, to his only son. Thus, the reason to …

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court
2 years ago

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court

Live Law  

The Karnataka High Court has said that a stepmother, to claim maintenance amount from legal heirs of her deceased husband, has to prove before the family court by tendering evidence and submission of documents that her husband was having a lot of properties and they are having income and thus she is entitled for maintenance amount. The court said “The …

Tamil Nadu rolls out fresh guidelines for issuing legal heir certificates
2 years, 5 months ago

Tamil Nadu rolls out fresh guidelines for issuing legal heir certificates

The Hindu  

September 30, 2022 10:34 pm | Updated 10:34 pm IST - CHENNAI The Tamil Nadu government has issued fresh guidelines for issuing the legal heir certificate, which will henceforth be in a common format applicable to everyone without any difference on the basis of religion or gender. The applicant can apply online to the Tahsildar in whose jurisdiction the deceased …

"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 …

Widowed Daughter Entitled to Dependent Pension Under Freedom Fighter Pension Scheme: HC
3 years, 7 months ago

Widowed Daughter Entitled to Dependent Pension Under Freedom Fighter Pension Scheme: HC

News 18  

The Delhi High Court has set aside a Central government order which stated that a widowed or divorced daughter of a deceased freedom fighter was not eligible for dependent pension under its Swatantrata Sainik Samman Pension Scheme. Justice V Kameswar Rao, who was hearing a challenge to the order filed by a widowed daughter of a deceased freedom fighter, asked …

FIR Not Necessary For Issuance Of Heirship Certificate If Person Missing More Than 7 Years: Kerala High Court
3 years, 7 months ago

FIR Not Necessary For Issuance Of Heirship Certificate If Person Missing More Than 7 Years: Kerala High Court

Live Law  

The Kerala High Court recently ruled that the competent authorities cannot insist on the production of the First Information Report for grant of an heirship certificate if one of the parties has been missing for more than seven years. The question before the Court was whether the competent authority for grant of heirship certificate sought by the petitioner is justified …

Dowry Death- Society Has Got The Wrong Message That In-Laws Can Easily Escape Liability If They Live Separately From Victim: Madras HC
3 years, 11 months ago

Dowry Death- Society Has Got The Wrong Message That In-Laws Can Easily Escape Liability If They Live Separately From Victim: Madras HC

Live Law  

While refusing to suspend the sentence awarded to a couple convicted for the offence under Section 498-A of IPC, the Madras High Court recently observed that the first and foremost responsibility of the parents is to groom their children as responsible citizens. The Court further added, "Taking advantage of that, a wrong message has gone to the Society that the …

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 …

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 …

Muslim Father-In-Law Under No Obligation To Maintain Son's Widow Under DV Act: Calcutta HC [Read Judgment]
7 years, 3 months ago

Muslim Father-In-Law Under No Obligation To Maintain Son's Widow Under DV Act: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court, on Friday, exempted a father-in-law from maintaining his son's widow, opining that he was under no obligation to maintain her.The Court had been approached by one Ms. Shabnam Parveen, who had demanded maintenance from her father-in-law, contending that he was the one handling the family business after her husband's death.Assessing her plea, Justice Md. The Calcutta …

Muslim Father-In-Law Under No Obligation To Maintain Son's Widow Under DV Act: Calcutta HC [Read Judgment]
7 years, 3 months ago

Muslim Father-In-Law Under No Obligation To Maintain Son's Widow Under DV Act: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court, on Friday, exempted a father-in-law from maintaining his son's widow, opining that he was under no obligation to maintain her.The Court had been approached by one Ms. Shabnam Parveen, who had demanded maintenance from her father-in-law, contending that he was the one handling the family business after her husband's death.Assessing her plea, Justice Md. The Calcutta …

No Compulsion For Any Legal Heir Of Deceased Predecessor To Apply For Heirship Certificate: Bombay HC [Read Order]
7 years, 4 months ago

No Compulsion For Any Legal Heir Of Deceased Predecessor To Apply For Heirship Certificate: Bombay HC [Read Order]

Live Law  

The Bombay High Court recently allowed a miscellaneous petition that sought revocation of a Legal Heirship Certificate granted under Section 2 of the Bombay Regulation VIII of 1827 to respondents.Justice SC Gupte heard the petition filed by one Kusum Chandrakant Shankardas and her two daughters. The Bombay High Court recently allowed a miscellaneous petition that sought revocation of a Legal …

Widow Entitled To Husband’s PF Amount Even After Remarriage: Madras HC [Read Judgment]
8 years, 3 months ago

Widow Entitled To Husband’s PF Amount Even After Remarriage: Madras HC [Read Judgment]

Live Law  

The Madras High Court has held that a widow is equally entitled, even after remarrying, to receive the Provident Fund amount from her late husband’s account.The court reiterated the fact that the bar under Section 24 of the Hindu Succession Act, 1956, was deleted in September 2005, upholding her right to claim herself as a legal representative of her deceased …

Legal Heirs Are Entitled To Terminal Benefits: Madras HC [Read Judgment]
8 years, 6 months ago

Legal Heirs Are Entitled To Terminal Benefits: Madras HC [Read Judgment]

Live Law  

The Madurai Bench of the Madras High Court in P. Panchali w/o Periamayan vs. Justice S. Vimala decided that legal heirs would be entitled to terminal benefits, and not the nominee alone.The respondents had declined the request of the petitioner. Justice S. Vimala decided that legal heirs would be entitled to terminal benefits, and not the nominee alone. The respondents …

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 …

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 …

Discover Related