Second marriage
Navneet
(Querist) 23 December 2013
This query is : Resolved
One of my relative (a lady) got married at an age of 15-16 years in 1987 to a 35 yrs old guy. That man got legally separated to his first wife and was paying maintenance on court orders. Then he remarried but the lady died after a year. Subsequently my relative's parents were told that he divorced the first wife and second wife also died and got married to this lady in 1987. He made her nominee in PF, Gratuity, Bank, LIC & in Mahrashtra Gazette. He died in Aug. 2011. But in Jan. 2010 he made a registered will in Sub Registrar office bequeathing his property in her name. They also have a 25 yrs old unmarried daughter. But after death the first wife and his daughter are claiming all the death benefits from MTNL (Where he worked) and also filed a claim for declaring this will null & void. Pl tell me if this will ( with independent witnesses & medical certificate and carried out in camera in Sub registrar office) is maintainable or not. Can she get a part of pension being Bonafied wife as she was kept in dark ( at the time of marriage and was a minor at that time)and through out the life time of the man as he always showed that he was paying maintenance bcoz of divorce.
Devajyoti Barman
(Expert) 23 December 2013
Yes, his Will is very much valid and his offspring from earlier marriage has no share in it.
P. Venu
(Expert) 24 December 2013
Does the queriest mean to say that there was no judicial separation, as informed to the third wife and her relatives?
Rajendra K Goyal
(Expert) 24 December 2013
The will is valid and enforceable. A person can bequeath his self acquired property even to a person other than a relative.
V R SHROFF
(Expert) 24 December 2013
WILL will decide share
Navneet
(Querist) 24 December 2013
Dear Sirs, the first marriage separation case went to court and the judge awarded maintenance to first wife and her daughter. The third wife was told that a divorce had happened and maintenance is being given (she and her parents were kept in dark}and the second wife died. Pl tell me the status on family pension and death proceeds from the deptt. where in every record and nomination the third lady's name is mentioned since 1987 and there was no trace of the first wife.
T. Kalaiselvan, Advocate
(Expert) 24 December 2013
What can be understood from the author's view is that the first wife was not legally divorced, she had been granted a monthly maintenance amount by an order of the court, this is a very valid and substantial proof to prove that the deceased married another woman while his previous marriage still subsisted and the first wife enjoying the status of wife indisputably. Now the question of law is whether she can have or claim the terminal benefits/pension benefits of the deceased in the capacity of legally wedded wife?, It appears that the deceased intentionally suppressed the facts of his subsisting marriage and married another woman with false or misrepresentations and recorded he name as nominee in the service records as his wife, which is also a false information because as per HMA, while the first wife is alive and the marriage is still subsisting, the second marriage with another woman is illegal and invalid, therefore, in my opinion, the first wife can stake her claim for her rights.
Rajendra K Goyal
(Expert) 25 December 2013
In the given facts, agree with the expert T. Kalaiselvan, Advocate
K.K.Ganguly
(Expert) 25 December 2013
1. The Will is perfectly valid. No other person can lay any claim on the willed property,
2. The second marriage is illegal in the eyes of law. So, the first wife only will get the terminal benifits and also the widow pension from his office.
P. Venu
(Expert) 25 December 2013
The third wife is entitled for the terminal benfits as she was the nominee.
She is also entitled for family pension - the whole or in part depending upon the status of the first wife.
- if there was no judicial separation, the third wife is entitled for the whole of family pension;
- if there was no judicial separation, the family pension would be apportioned equally between the two widows.
(of course, the children of earlier maariages are eligible for portion of the family pension in the first scenerio, but only if they unmarried, unemployed and below 25 years of age - an improbablity because the third marrige itself took place 26 years ago)
The reply given on the basis of CCS(Pension)Rules applicable to Central Government servants. MTNL may be following same or similar rules.
