Case Note & Summary
The petitioner, Mrs. Banu Shaikh, filed a writ petition before the Bombay High Court at Goa seeking family pension as the legally wedded wife of the deceased employee, Ismail N. Shaikh, who worked as a Bull Attendant and retired voluntarily on 4 June 1996. She married the deceased on 21 June 1975 under the regime of communion of assets, and the marriage was duly solemnized and registered. They had seven children. The deceased later married the fourth respondent, Mrs. Mairunnisa Ismail Shaikh, on 18 November 1983 without the petitioner's consent or knowledge, and had three children from that union, all now major. The petitioner argued that the second marriage was invalid under the Family Laws of Goa, specifically Articles 1072, 1058, and 1073, and also violated the Civil Service (Conduct) Rules, 1964, and constituted bigamy under Section 494 of the Indian Penal Code. The court, after hearing the parties, held that the second marriage was void ab initio as it was contracted without the first wife's consent and during the subsistence of the first marriage. Consequently, the petitioner, being the only legally wedded wife, was entitled to the family pension. The court allowed the writ petition and directed the respondents to pay the family pension to the petitioner.
Headnote
A) Family Law - Succession - Family Pension - Articles 1072, 1058, 1073 of the Family Laws - The petitioner, first wife, claimed family pension after her husband's death, contending that the second marriage was invalid under Goa Family Laws and Civil Service (Conduct) Rules, 1964. The court held that the second marriage was void ab initio as it was contracted without the first wife's consent and during the subsistence of the first marriage, and thus the first wife is entitled to the family pension. (Paras 1-3) B) Criminal Law - Bigamy - Section 494 IPC - The second marriage also attracted the offence of bigamy under Section 494 IPC, as the first marriage was subsisting. (Para 2)
Issue of Consideration
Whether the petitioner, being the first legally wedded wife, is entitled to family pension to the exclusion of the second wife, whose marriage was contracted during the subsistence of the first marriage and without the first wife's consent.
Final Decision
The court allowed the writ petition and directed the respondents to pay family pension to the petitioner, holding the second marriage invalid.
Law Points
- Family pension
- succession
- second marriage invalidity
- Goa Family Laws
- Civil Service (Conduct) Rules
- 1964
- Section 494 IPC
- Articles 1072
- 1058
- 1073 of Family Laws
