Claim of second wife
Querist :
Anonymous
(Querist) 19 January 2012
This query is : Resolved
Sirs,
An employee had two wives &after death of employee first wife received Family pension, since she had no issues, second marriage was done by her deceased husband, but there was no nomination of second wife as per record.However, there is entry in ration card, election card etc for IInd wife. After death of Ist wife Deptt.demanded Succ.cert. which was declined by the Court in absence of nomination inservice record.
Now Query is
What is the remedy left behind to IInd wife to get family pension ?
Can she file declaratory suit that she is the WIDOW of the deceased employee?
Bhawani Mahapatra
(Expert) 19 January 2012
Dear anonymous
Law doesn't permits 2nd marriage if the spouse is living. So even if one married, such marriage is void ab initio, and such wife has no legal status, nor she is entitle to inherite any property/benefit from her husband.
Hard luck.
Khaleel Ahmed
(Expert) 19 January 2012
The children of second wife can claim the benefits as legal heirs.
Devajyoti Barman
(Expert) 19 January 2012
Do clarify whether the second marriage was performed during the existence of first marriage?
If it is so then the second wife has no legal status.
If she is married after the death of first wife then she could file Writ for proper relief.
prabhakar singh
(Expert) 19 January 2012
What is the remedy left behind to IInd wife to get family pension ?
If 2nd marriage was performed after 1956 then the 2nd marriage is void and 2nd widow has no right of widow at all.Not even her status would be called that of a widow.
Can she file declaratory suit that she is the WIDOW of the deceased employee?
Only when her marriage was performed before enforcement of Hindu Marriage Act 1956.
M/s. Y-not legal services
(Expert) 19 January 2012
yes.. am agree with prabhakar sir., if the marriage is before 1956 mean second wife is entitled to claim benefits. because till 1956 poly moni was permitted in our law..
-tom-
Raj Kumar Makkad
(Expert) 19 January 2012
Prabhakar Singh ji & tome sir ji!
We should not forget that 2012 has started. 1956 was 56 years ago. Had the deceased married with this second wife prior to 1956 then there was no occasion to raise this query. Such employee would have been retired decades ago had he done so.
As clearly told in the query, such employee has recently died and his first wife has also died.
Marriage with second wife during the subsistence of first is void ab initio so there is no way for the second wife to claim for the family pension.
M/s. Y-not legal services
(Expert) 19 January 2012
makkad sir.. are you thinking that i did not calculate that?
of course i did that.. even i post it mean all we know that the second marriage might be after that only..
my explanation just for the author's knowledge..
-tom-
prabhakar singh
(Expert) 20 January 2012
My Dear Makkad JI !
Thanks for awakening.As you triggered to recheck me my answer,i did so to find only that it is PERFECT AND CORRECT AND NEEDS NO AMENDMENT DESPITE YOUR SLATES OF ARITHMETICAL DEMONSTRATIONS.
Advocate. Arunagiri
(Expert) 20 January 2012
I also agree with Mr.Prabhakar Singh. Logically, it is correct.
V R SHROFF
(Expert) 20 January 2012
Declaratory suit will FAIL
IInd [concubine, not WIFE] HAS NO remedy left behind to get family pension .
THE OPPORTUNITIES SHE HAD, ARE LOST NOW,
ajay sethi
(Expert) 20 January 2012
agree with mr prabhakar
Shonee Kapoor
(Expert) 01 February 2012
I also agree with Ld. Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
