Case Note & Summary
The petitioner, Ramabai Gulabrao Jamnik, filed a writ petition challenging the refusal of family pension by the Accountant General (Accounts & Entitlement) II, Nagpur, on the ground that her marriage to the deceased employee, Gulabrao Jamnik, was void under Section 5 read with Sections 11 and 17 of the Hindu Marriage Act, 1955, as it was contracted during the lifetime of his first wife, Mankarna. The petitioner claimed that she married Gulabrao after the death of Mankarna, but the respondents contended that Mankarna died on 11-12-1988, while Gulabrao had taken voluntary retirement on 30-04-1988, and the marriage took place during Mankarna's lifetime. The court examined the facts and found that the petitioner's assertion was incorrect, as Mankarna died after Gulabrao's retirement. However, the court noted that the first wife predeceased the employee, and the petitioner was the only surviving spouse at the time of Gulabrao's death on 17-02-2011. The court held that the marriage, though bigamous, was not void for the purpose of family pension, as the object of family pension is to provide social security to the family of the deceased employee. The court relied on the principle that a second wife, if she was the surviving spouse and had cohabited with the employee, is entitled to family pension. The court directed the respondents to grant family pension to the petitioner from the date of the employee's death, with arrears and interest at 6% per annum, within three months.
Headnote
A) Family Pension - Entitlement of Second Wife - Bigamous Marriage - Hindu Marriage Act, 1955, Sections 5, 11, 17 - Maharashtra Civil Services (Pension) Rules, 1982, Rule 116 - The petitioner, second wife of a deceased government employee, was denied family pension on the ground that her marriage was void under Section 5 read with Sections 11 and 17 of the Hindu Marriage Act, 1955, as it was contracted during the lifetime of the first wife. The court held that since the first wife predeceased the employee and the petitioner was the only surviving spouse at the time of the employee's death, the marriage was not void ab initio for the purpose of family pension. The court directed the respondents to grant family pension to the petitioner from the date of the employee's death, with arrears and interest at 6% per annum. (Paras 1-10) B) Family Pension - Customary Marriage - Validity - Hindu Marriage Act, 1955, Section 5 - The court noted that the marriage between the petitioner and the deceased employee was performed as per customs and was not disputed. The court held that the marriage, though contracted during the lifetime of the first wife, was not void for all purposes, especially when the first wife had predeceased the employee and the petitioner had cohabited with the employee for a long period and had children from the wedlock. (Paras 5-9) C) Family Pension - Legitimacy of Children - Hindu Marriage Act, 1955, Section 16 - The court observed that the children born from the petitioner's wedlock with the deceased employee are legitimate under Section 16 of the Hindu Marriage Act, 1955, even if the marriage is void. The court held that denying family pension to the petitioner would be unjust and contrary to the object of providing social security to the family of the deceased employee. (Paras 8-9)
Issue of Consideration
Whether the second wife of a government employee, whose marriage was contracted during the lifetime of the first wife, is entitled to family pension under the Maharashtra Civil Services (Pension) Rules, 1982, when the first wife predeceased the employee and the second wife was the surviving spouse at the time of the employee's death.
Final Decision
The court allowed the writ petition, quashed the communication dated 04-06-2014, and directed the respondents to grant family pension to the petitioner from the date of the employee's death (17-02-2011) with arrears and interest at 6% per annum, within three months.
Law Points
- Family Pension
- Bigamous Marriage
- Hindu Marriage Act
- 1955
- Section 5
- Section 11
- Section 17
- Maharashtra Civil Services (Pension) Rules
- 1982
- Rule 116
- Widow Entitlement
- Second Wife
- Personal Law
- Customary Marriage
- Presumption of Marriage
- Legitimacy of Children
