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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Urmila Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. eligibility for family pension based on marriage status. (Para 2 , 3 , 5) |
| 2. contention by the state against pension eligibility. (Para 4) |
| 3. legal presumption of marriage and implications for family pension. (Para 6 , 7) |
| 4. court's order to grant pension and consequences. (Para 8 , 9) |
By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
“1. That writ in the nature of mandamus may kindly be issued and the respondent department may be directed to release the beneftt of family pension to the petitioner from the date of death of deceased husband with all consequential beneftts.
2. That respondent department be directed to release the arrear of pension to the petitioner with interest @18% per annum.”
2. Brief facts necessary for the adjudication of this petition are that the petitioner is the second wife of late Shri Surat Ram. According to the petitioner, her marriage took place with late Shri Surat Ram on 03.04.1987, during the subsistence of the marriage of Shri Sugat Ram with Smt. Reshmu Devi. Smt. Reshmu Devi is stated to have died on 18.11.2015. As per the petitioner, there was no child born out of t
Second wives may claim family pension if the first spouse is deceased and there are no offspring, as confirmed by the presumption of valid marriage after long-term cohabitation.
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.
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....
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....
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