OPPILAMANI G (ASST> COMMR) 30 March 2023

A woman living together with a tamil nadu govt servant without valid marriage is eligible for family

A govt servant of Tamil Nadu Govt, after following the Hindu Customs, married a lady of his office staff(co worker) and lived with her from 1989 to 2000. Without getting divorce order from her, both of them he separated themselves fr by executing a Marriage Cancellation Deed and got it registered at a Sub Registrar's office where she was working by giving false address. In 2001 he started living with another woman for long time without marrying her as per Section 5 of the Hindu Marriage Act, ie. without getting legal divorce order from the Court from his First wife. After his retirement in 2012 he started to draw pension.. By adopting dubious methods he has nominated illegally wedded lady by influencing the higher officials at the fag end of his retirement.Now she is drawing Family pension from the date of his death on 10-4-2017.Nomination filed by him has not been attested by the Head of the Office , no entries about the Nomination filed was made in the Service Register of the individual as per the Tamil Nadu Pension Rules,1978.. Moreover he has not obtained permission of the Govt. for marrying second time as required under Rue 19 of the Conduct Rules..In these circumstances whether the illegally wedded lady is eligible to draw Family Pension on the ground that both of them were living together under one roof for years together. Kindly clarify sir

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 31 March 2023

Legally speaking she is not eligible for family pension because there is no marriage between them neither they have declared themselves as husband and wife.

The first wife since not divorced legally still remains his widow, she can fight for his pension.

Dr J C Vashista (Advocate) 31 March 2023

Marriage in 1989 is still valid and alleged divorce (marriage cancellation) is invalid and illegal.

Facts posted are not clear to me.

It is advisable to consult and engage a local prudent lawyer with relevant records for appreciation of facts, professional advise and necessary proceeding, if any problem / issue / dispute existed.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 31 March 2023

As per the Hindu Marriage Act, 1955, remarriage without the legal culmination of the first marriage is illegal. Therefore, the second wife in such circumstances cannot claim any share in the property of the husband.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 31 March 2023

What is the locus standii of Advocate Kalaiselvan here? Is any of the parties his client? In the eye of the law the original marriage of the Government Servant was valid at the time of his death. She can claim family pension if she wanted and dispute the pension paid to the former living partner of the decesed pensioner. If the legally wedded wife does not want to claim pension for herself, if the a right minded person writes to the authorities, they can stop the family pension to the former living partner and can also take action against her.

OPPILAMANI G (ASST> COMMR) 01 April 2023

Sir my question is whether the second lady is eligible to be treated as wife consequent on her living together with the deceased after dissolution deed of first lady. Mere living together with a man for years will confer right to draw family pension as a legally wedded wife. The AG & Treasury has refused to take action against illegally wedded lady. Please advice

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 02 April 2023

The second lady is not eligible for pension. If it is not very long since the death of the Government servant one should write to the department dealing with pension matters in the office where the Govt. Servant last worked. Generally it will be the accounts department. If it is very long since the death of the officer one should write to pension department of the State Government. As the department will be dealing with a large number of pensioners, precise details will have to be furnished. Pension will be disbursed though a bank account. If the bank and branch are known, it will be easy to locate the account of the late officer. The second lady will be having account with the bank, through which she would be drawing her pension.