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MILIND N. JADHAV
Jayashree Gangadhar Hiremath – Appellant
Versus
Nirmala Gangadhar Hiremath – Respondent
JUDGMENT :
(Milind N. Jadhav, J.)
1. This Revision Application is filed by the Applicant who is the second wife of the deceased Mr. Gangadhar Hiremath (for short "Gangadhar"). Respondent is the first wife.
2. Respondent filed Civil Miscellaneous Application No. 426 of 2014 before the Trial Court of Civil Judge Senior Division, Solapur for grant of Succession Certificate under provisions of Section 372 of Indian Succession Act, 1925 (for short "the said Act") in respect of movable properties of the deceased Gangadhar. The Trial Court allowed the Application and held that Respondent is the sole legal heir and therefore entitled to Succession Certificate.
3. Being aggrieved, Applicant filed Regular Civil Appeal No. 40 of 2022, before the District Court at Solapur to challenge the order of the Trial Court. By the Impugned order dated 07.01.2023 the Appeal is dismissed by the District Court and Judgment dated 15.03.2022 passed by the Trial Court is confirmed.
4. Thus there are two concurrent orders of the Courts below which are impugned by the Applicant in the present Revision proceedings.
5. Briefly stated certain relevant facts are required for adjudication of the present dispute between th
Important Point : A marriage during the subsistence of a valid marriage is void, and nomination for benefits does not grant legal heir status to the nominee.
A second marriage during the subsistence of a first marriage is void, and nomination does not confer legal heir status.
The main legal point established in the judgment is the interpretation of Rule 116(6) of the Pension Rules and its application to determine the entitlement of widows and children to the family pensio....
The court affirmed that a widow, despite her marriage being void due to the subsistence of the husband's first marriage, is entitled to compassionate appointment and benefits as the deceased's nomine....
The legal point established is the entitlement of the legally wedded spouse to pensionary benefits under the applicable rules and the invalidity of nominations contrary to statutory provisions.
Entitlement to family pension and succession benefits granted to the second wife, affirming her legal status as a widow under applicable pension rules, despite the opposition from children of the fir....
In the absence of any special Rules to the contrary, the nominations referred to under Rule 143 of the Assam (Services) Pension Rules, 1969 will be applicable.
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.
Family pension payable to legal representative of deceased does not need a Succession Certificate, even if it were a debt belonging to deceased – Family pension is an independent claim and cannot be ....
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