CHANNI MALIK (Colonel) 24 May 2025

Second marriage

1. My wife expired on 28 October 2020. I have a Son (43 Years) and a Daughter (42 Years) from that wedlock.
2. On 22 May 2022 I remarried under special marriage Act 1954, and is duly resistered. The endorsement has been made in my PPO by PCDA(Allahabad)
3. My daughter is divorced last year. She is fine with the secondwife and accepted gracefully. My second wife has accepted my daughter and shall take care both emotoionally and financialy as she is eligible for Family Pension. It is an arrangement to get family pension to my second wife and we assure ifthat there will be no child born out of second wedlock.
4. My son is not liking this arrangement of taking care of daughter by my wife.
5. Is there any legal shield that can be errected around my daughter and wife so as to preclude any harm upon them by Son
Can this registered marriage be annuled by insistence of someone else

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 24 May 2025

The second marriage is your own will and wish and your marriage was properly solemnised and registered under special marriage act, hence only you and your wife can file a divorce case for the reasons you may rely upion beefore the court competent, and not that your son or any other third person can initiate any steps to annul your marriage or divorce between you both.

Next, your daughter is not a minor child, she is an adult hence she is the right person to decide about her own living, if she chooses to live happily with your wife, then your son cannot restrict her, besides, he has nothing to do with your pension nor your daughter.

You can nominate your second wife for family pension and you are not required to get the consent from your dauighter or any other third person for making this arrangement

SHIVKUMAR AGNIHOTRI 24 May 2025

1. Your second marriage under Special marriage act duly registered, is entirely legal and valid. No third party including your son can annual it just based on personal disagreement or dislike.

2. Legal protection is available for your wife and daughter under civil, criminal and domestic violence law.

kavksatyanarayana (subregistrar/supdt.(retired)) 24 May 2025

Your second marriage is valid as per your query. Your son is not interested in your second marriage and living with your daughter, but he has not taken any harm at present. Your daughter is a major one, she can take precautions if your son is ready to harm. He has no right over your pension.

Dr. J C Vashista (Advocate ) 25 May 2025

@ Col Channi Malik,

There is no legal infirmity with your second marriage, which is registered under the provisions of Special Marriage Act. It cannot be annulled.

Your wife is entitled to get benefits of family pension / CSD /medical etc. as applicable to service officers (if she survived after your death). However, you are required to get it endorsed in your dossier with MS-5 AHQ as well as PCDA (Pensions).

Your son may or may not like to stay with you / your wife, he can be a successor of the intestate (without a will) property / estate left behind by you.

Your daughter, being divorced, cannot have benefit of family pension after your death.

Regards

Dr. (Maj) J C Vashista,

Advocate.