Two marriages

Querist : Anonymous (Querist) 02 February 2022 This query is : Resolved
I need urgent guidance and help-
My uncle was in police he had two wives ..he did his second marriage without giving divorce to his first wife .he has one son from first wife and two sons from second wife..after some time of his second marriage.his first wife also started living with some other man and it has been so many years she is living with his new partner with her son …now my uncle is passed away in an accident..he was in service ..now the main problem arises..
When police department asked about my uncle’s legal heirs for pension and compensatory appointment in job his first son (from first wife) also claimed the job and first wife claimed the pension and provident fund ..because in the service record of my uncle still first wife’s name is mentioned ..
Now department has stopped all benefits like pension,fund,appointment etc..
The house of my uncle is registered in name of second wife ..
There is no proof of divorce of first marriage and no proof of second marriage (no photos ,registration etc) .
First wife is living with someone else but second wife and her children have no source of income and money to survive ..please guide what can be done in this case so my uncle’s second wife and her children can get something to survive ..and who will get my uncle’s pension and other benefits..

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P. Venu (Expert) 03 February 2022
It is the first wife who is eligible for family. As regards to other movable and immovable properties, all the children and the first wife are entitled for equal share. The second wife is entitled only for those assets, if any, purchased in her name or subsequently transferred to her.

Advocate Bhartesh goyal (Expert) 03 February 2022
First wife who is legally wedded wife and children of both wife's are entitled to get deceased properties ( movable & immovable). If deceased husband had purchased any property in name of second wife,she would be owner of that property.

Querist : Anonymous (Querist) 03 February 2022
Thanks to experts for valuable replies ..further i want to ask cant we proof in court that second wife also got married to someone else and currently living with that person only..then how she has any right on first husband’s property..!!

kavksatyanarayana (Expert) 03 February 2022
Agreed with the views of the above learned experts. For 2nd query, you got the answer as above as the first wife did not get a divorce and it will be deemed that she is his wife.

Dr J C Vashista (Expert) 04 February 2022
I agree with expert advise of Mr. P Venu and Mr. Bhartesh Goyal provided your uncle professed Hinduism.

P. Venu (Expert) 04 February 2022
Even if the uncle's personal law allowed him to have more than one wife, still the service rules require that he should have obtained permission from the competent authority for the second marriage.