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M. NAGAPRASANNA
Pushpa, W/o. Late Ramesh Babu R. – Appellant
Versus
Y. Jansi Rani, W/o. Late Ramesh Babu R. – Respondent
ORDER :
The petitioner is before this Court calling in question order dated 29-07-2022 passed by the VI Additional Principal Judge, Family Court, Bengaluru on I.A.No.II in O.S.No.162 of 2021 directing 50% of pension to be paid to the 1st respondent and her children while not answering the claim of the petitioner.
2. Heard Sri Madhukar Nadig, learned counsel appearing for the petitioner, Sri Mohammed Mujassim, learned counsel appearing for respondents 1 to 3 and Sri A.Chandrachud, learned counsel appearing for respondent No.4.
3. Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:-
One R.Ramesh Babu was an employee of the Indian Railways working in the South Western Railways at the office of the Senior Divisional Personnel Manager. During his life time, it appears that he had married the 1st respondent and from the wedlock three children are born – the second and third respondents who are unmarried and the married daughter is not before the Court.
4. It further transpires that on 09-12-1999 R.Ramesh Babu married the petitioner at Tirupathi and from this wedlock a child is born on 18-12-2000. The girl child is now 22
A putative second wife, whose marriage to the deceased is void under the Hindu Marriage Act, is not entitled to family pension under the Pension Rules.
Pension is a protected right under Article 300-A of the Constitution; denial of family pension to a legally wedded second wife without due process violates principles of natural justice.
Second wife from void marriage ineligible for family pension; shared equally with legal first wife and eligible children from second wedlock.
Second marriage during subsisting first marriage is void; family pension under Railway rules payable only to legally wedded first wife, not shared with claimant from void marriage; succession certifi....
The main legal point established in the judgment is that the provision for payment of pension to more than one widow applies only to lawful marriages, and the concept of a widow does not arise in the....
A second wife may be entitled to family pension under amended rules despite existing complications if the first marriage is legally dissolved.
A second marriage contracted during the subsistence of a first marriage is void, disentitling the second wife to pensionary benefits. However, a minor child born from such a void marriage remains ent....
On death of legally wedded wife, who is not survived by any child eligible to receive pension, share of family pension to her stream would not lapse, but would be payable to eligible children from ot....
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