Case Note & Summary
The case involves a writ appeal filed by the Accountant General of Tamil Nadu against a single judge order directing inclusion of the second wife's name in the Pension Payment Order for family pension. The first respondent, a retired Block Development Officer, married his second wife in 1992 while his first wife was alive. After retirement, he sought to include both wives as nominees for family pension. The Accountant General rejected the claim on the ground that the second marriage was void. The first wife died in 2020. The single judge allowed the writ petition, directing inclusion of the second wife. On appeal, the division bench upheld the single judge's order, reasoning that the second wife, though married during the subsistence of the first marriage, is entitled to family pension after the first wife's death, as the pension rules do not prohibit such nomination. The court dismissed the appeal.
Headnote
A) Family Pension - Nomination - Second Wife - Bigamous Marriage - Tamil Nadu Pension Rules, 1978, Rule 49(4)(b) - The issue was whether the second wife of a retired government servant, who married during the lifetime of the first wife, could be included as a nominee for family pension after the first wife's death. The court held that the second marriage, though void under the Hindu Marriage Act, does not disentitle the second wife to family pension after the death of the first wife, as the pension rules do not bar such nomination. The court directed the appellant to include the name of the second wife in the Pension Payment Order. (Paras 5-7)
Issue of Consideration
Whether the second wife of a government servant, whose marriage was contracted during the lifetime of the first wife, is entitled to be included as a nominee for family pension after the death of the first wife.
Final Decision
The appeal was dismissed. The order of the single judge directing the appellant to include the name of the second wife, Mrs.R.Revathy, in the Pension Payment Order as the nominee to receive family pension was upheld.
Law Points
- Bigamous marriage is void ab initio under Hindu Marriage Act
- 1955
- but for pensionary benefits
- the second wife may be entitled to family pension after the death of the first wife if the marriage was contracted before retirement and the first wife has died
- as per Rule 49(4)(b) of Tamil Nadu Pension Rules
- 1978.
Case Details
S. M. Subramaniam, C.Kumarappan
Ms.V.Kanchana for Mr.V.Vijayashankar, Mr.K.Sanjay, Dr.S.Suriya
The Accountant General, Accounts and Entitlements, Tamilnadu
M.Radhakrishnan, The State of Tamil Nadu
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Nature of Litigation
Writ appeal against order directing inclusion of second wife's name in Pension Payment Order for family pension.
Remedy Sought
The appellant sought to set aside the single judge order dated 02.11.2021 in W.P.No.21883/2021.
Filing Reason
The Accountant General rejected the claim of the first respondent to include his second wife as nominee for family pension on the ground that the second marriage was void.
Previous Decisions
The single judge allowed the writ petition and directed inclusion of the second wife's name in the Pension Payment Order.
Issues
Whether the second wife of a government servant, whose marriage was contracted during the lifetime of the first wife, is entitled to be included as a nominee for family pension after the death of the first wife.
Submissions/Arguments
The appellant contended that the second marriage was void ab initio and therefore the second wife cannot be a nominee.
The first respondent argued that after the death of the first wife, there is no impediment to include the second wife as nominee.
Ratio Decidendi
A second marriage contracted during the subsistence of the first marriage is void under the Hindu Marriage Act, but for the purpose of family pension under the Tamil Nadu Pension Rules, the second wife is entitled to be nominated as the recipient of family pension after the death of the first wife, as the rules do not bar such nomination and the marriage is not void for all purposes.
Judgment Excerpts
Under assail is the writ order dated 2.11.2021 in W.P.No.21883/2021.
The 1st respondent submitted that the first wife died on 10.08.2020. Therefore, there is no impediment to include the name of the second wife Mrs.R.Revathy as the nominee in Pension Payment Order to receive the Family Pension.
The appellant contended that contracting marriage with the second wife during the life time of the first wife will not entitle the pensioner to include the name of the second wife as the nominee, since 2nd marriage becomes null and void.
Procedural History
The first respondent filed W.P.No.21883/2021 challenging the rejection order dated 29.07.2009. The single judge allowed the writ petition on 02.11.2021. The appellant filed the present writ appeal against that order.
Acts & Sections
- Tamil Nadu Pension Rules, 1978: Rule 49(4)(b)
- Hindu Marriage Act, 1955: Section 5, Section 11
