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Family pension to the second wife

(Querist) 29 April 2012 This query is : Resolved 
One government employee who is eligible for superannuation pension and after the death of the pensioner, family will also eligible for family pension as per Pension Rules of Govt. of A.P.

At the time of retirement, the employee has submitted discriptive rolls wherein he has mentioned that the wife (first) was deserted him long back hence joint family photo was not affixed. Later on after retirement, the family court has dissolved the marriage between first wife and the retired employee. Subsequently, the retired employee got married another woman (second wife) and got registered the marriage during 2005.

As per the DOB certificates produced for three daughters (age of the three daughters are 28 years, 26 years and 24 years respectively) of the second wife (marriage was performed during 2005 as per registration ceritifcate) it was noticed that the retired employee might have been illegal contact. The retired employee has submitted the marriage certificate with the second wife and family pension was sanctioned without verifying the above.

In the meantime the first wife represented after the death of the retired employee for sanction of family pension.

In view of the above, the following may kindly be clarified:-

1. Whether the second wife can be taken as legally valid and family pension can be arranged?
2. At the retirement of the employee, the marriage with the first wife was not dissolved.
3. Out of the two wives, who is eligible for the family pension? What type of the reply shall be given to the first and second wives?
ajay sethi (Expert) 29 April 2012
if the marraige with first wife was not dissolved then second marriage would be illegal . second wife would not be entitled to pernsion . in reply to second wife request her to obatin appopriate orders from court .
SAINATH DEVALLA (Expert) 29 April 2012
The second wife has no right over the pension benefits as the first marriage was not dissolved,when he retired.The nomination for family benefits would have beeen in the name of the first wife.The ages of the three daughters makes me suspective of the realities.
K.S.Srinivas (Querist) 29 April 2012
Dear Sri Sainath

The employee had illegal relationship with a woman and during the process the three daughters ages are 28, 26 and 24 were born during the said illegal relationship. Subsequently, the employee got married the woman during the year 2005 (marriage was registered) and thereby she became the second wife.

The main point is that at the time of retirement of the employee, the marriage with the first wife was not dissolved. The marriage with the first wife was dissolved by the family court subsequent to the retirement of the employee. The employee who had a illegal relationship with a woman got married her after retirement from service and also after dissolving the marriage with the first wife.

In this scenario, please suggest me what type of reply should be given to both the wives as they are claiming family pension as the retired employee died.
adv. rajeev ( rajoo ) (Expert) 29 April 2012
In my opinion first wife cannot claim anything because she is divorced.
Kishor Mehta (Expert) 30 April 2012
Sir,
On the dissolution of the first marriage the first wife has no legal status.
Kishor Mehta


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