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V. SRISHANANDA
Girijamma – Appellant
Versus
Advocate General For Karnataka – Respondent
JUDGMENT
1. The present appeal is directed against the judgment and decree passed in O.S.No.7443/1996 on the file of Additional City Civil Judge, Bengaluru (CCH-10) dtd. 11/2/2008.
2. Parties are referred to as plaintiff and defendants for the sake of convenience as per their original ranking before the Trial court.
3. Plaintiff is the first wife of deceased H.N. Krishnamurthy, who was working as an employee in the office of Advocate General. Plaintiff claims that her marriage took place at Kaduru, Chikkamagaluru District on 13/5/1985. They lead a happy married life for some time and thereafter an account of differences, a petition for divorce was filed in M.C.No.389/1991. Said divorce petition came to be decreed expate on 6/4/1992. Plaintiff having come to know about the exparte decree, filed a miscellaneous petition No.13/1992 and the said miscellaneous petition was allowed and M.C.No.389/1991 was restored. Krishnamurthy who is the husband of plaintiff, died on 29/6/1996. As such, the miscellaneous petition was dismissed.
4. It is the contention of the plaintiff that since the miscellaneous petition was restored and divorce decree was set aside, she continued as legally wedded wif
The court established that the entitlement to family pension benefits is governed by the Karnataka Government Servants (Family Pension) Rules, 1964, which prioritize the spouse and minor children of ....
Under Section 16 of Hindu Succession Act, children born from both of his wives would be entitled to succeed to retiral benefits in equal shares.
Point of la w: scheme of payment of pension in the order of priority to the members of the family is framed by the legislature keeping in mind the overall welfare of the family of deceased government....
The right to pension as a vested entitlement necessitates recognition of only legitimate dependents for the disbursement of retiral benefits, irrespective of the existence of previous marital ties.
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.
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