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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ASHUTOSH KUMAR, CJ., ARUN DEV CHOUDHURY
Bharati Saikia Wife of Late Amal Saikia – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. establishing the factual background of the parties and their existing claims. (Para 1 , 2 , 3 , 4 , 5 , 9) |
| 2. conflicting claims regarding eligibility for family pension benefits. (Para 6 , 7 , 10) |
| 3. interpretation of pension rules in consonance with hindu marriage act. (Para 8 , 11 , 12 , 13 , 14 , 15) |
| 4. second wife disentitled to benefits; minor children remain entitled, modifying the tribunal order. (Para 16 , 17 , 18 , 19) |
JUDGMENT & ORDER :
(Ashutosh Kumar, CJ.)
We have heard Mr. S. Nath, learned Advocate for the petitioners; Ms. A. Gayan, learned Central Government Counsel for respondent Nos.1 to 4 and Mr. H.K. Das, learned Senior Advocate/Amicus Curiae, assisted by Mr. N.K. Sarma, learned Advocate.
2. The petitioners, namely, Smti. Bharati Saikia (petitioner No.1), the second wife of the deceased employee (Late Amal Saikia) and Mousum Saikia (petitioner No.2), their minor son, aged about 12 years, through the petitioner No.1, have sought a share of family pension, death gratuity and other retiral benefits, like – Leave Encashment, Group Insurance, Provident Fund, etc., as dependants of the deceased Railway employee, asserting their eligibility under the Railway
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....
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.
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....
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