Family pesnion to the seconf wife.
K.S.Srinivas
(Querist) 28 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?
R.RAJENDRAN
(Expert) 30 April 2012
The first marriage having been dissolved by the family court, the second marriage would subsist for all purposes and the second wife is legally eligible for family pension.
Whether the birth three daughters was due to illegal connection of the second wife with deceased employee even long before the dissolution of the first marriage, is not a relevant question in so far as family pension is concerned, as the three daughters being majors would not be entitled to any fraction in the family pension.
