Case Note & Summary
The case involved a writ appeal filed by the appellant, who claimed to be the second wife of Mr. Rajendran, a deceased First Grade Assistant Engineer in the Tamil Nadu Electricity Board. The deceased had a first wife, Smt. Rani, with whom he had two children, and the marriage was recorded in his service records. The appellant contended that the first wife had separated from the deceased and that he subsequently married her. However, the court found that the marriage was invalid as there was no legal dissolution of the first marriage. The court examined the Tamil Nadu Pension Rules, particularly Rule 49, which governs the eligibility for family pension. It was determined that without a valid divorce, the second wife could not claim the family pension. The learned Single Judge had also concluded that the second wife was not entitled to the pension. Consequently, the court dismissed the writ appeal, affirming the earlier decision and stating that the appeal was not inclined to be entertained. The judgment was delivered by Justices S.M. Subramaniam and Krishnaswamy Govindarajan on 23-09-2026.
Headnote
A) Family Law - Validity of Marriage - Claim for Family Pension - Tamil Nadu Pension Rules, 1978, Rule 49 - The court held that the second marriage of the deceased employee was invalid due to the lack of a legal dissolution of the first marriage, thus the second wife was not entitled to family pension. The court referenced the case of Accountant General of Tamil Nadu Vs. M.Radhakrishnan to support its decision. Held that without a valid divorce, the claim for family pension cannot be sustained (Paras 1-2).
Issue of Consideration
Whether the second wife of a deceased employee is entitled to family pension under the Tamil Nadu Pension Rules despite the absence of a legal divorce from the first wife.
Final Decision
The court dismissed the writ appeal, affirming that the second wife was not entitled to family pension due to the invalidity of the marriage without a legal divorce.
Law Points
- Family pension eligibility
- invalid marriage
- Tamil Nadu Pension Rules
- legal dissolution of marriage
