Back
IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Sanjay Kumar Medhi
Jaymati Brahma, W/O- Pabin Brahma @ Pabin Chandra Brahma – Appellant
Versus
State of Assam Represented By the Commissioner And Secretary To The Govt. of Assam, Pension and Public Grievances Department – Respondent
JUDGMENT :
Sanjay Kumar Medhi, J.
The subject matter of this writ petition is a claim for family pension. As per case projected, the petitioner is the first wife of one Pabin Chandra Brahma, who was working as an Assistant Teacher of the Sairabari L.P. School in the district of Mushalpur, who had retired from services in the year 2012. After such retirement, the husband of the petitioner was getting his pension and he had passed away on 18.09.2018.
2. It is the case of the petitioner that on such eventuality, the family pension is required to be paid to the petitioner, more so, when her name has been recorded as the nominee in the Service Book of the deceased government employee. It is the further case of the petitioner that her husband had entered into a second marriage with the respondent no. 6, which was however, during the subsistence of the marriage with her and it appears that certain documents which were in the custody of the respondent no. 6 were utilized and accordingly, the petitioner was deprived from the pensionary benefits.
3. I have heard Ms. G. Borah, learned counsel for the petitioner. I have also heard Ms. D. Das Barman, learned State Counsel for the official responden
The first wife is entitled to family pension under Hindu law, as a second marriage during subsistence is void, and any contrary affidavit cannot override her legal rights.
The validity of a marriage under the Tamil Nadu Pension Rules and Section 5(i) of the Hindu Marriage Act, 1955, and its impact on entitlement to family pension.
Eligibility for family pension includes second wives if marriages are registered and valid under law.
Family pension - Legally married wife is liable for pension - Liability of First wife to get pension - Petitioner is legally married wife of deceased and they have three sons out of their wedlock and....
Family pension is payable only to the legally wedded spouse of an employee, and second marriage during the lifetime of the first spouse makes the petitioner ineligible for family pension under the pe....
Family pension is a statutory entitlement of the legally wedded spouse and cannot be revoked by the employee's unilateral actions, as affirmed by the court.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
