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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Mahesh Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition seeks certiorari and mandamus for second wife's pension nomination. (Para 1 , 2 , 3 , 4) |
| 2. second marriage void under hindu marriage act; ineligible for pension. (Para 5) |
| 3. illegal marriage overlooked in peculiar facts with no prejudice. (Para 6 , 7 , 8 , 9) |
| 4. long cohabitation presumes valid marriage per precedents. (Para 11 , 12 , 13) |
| 5. petition allowed; enter second wife in pension records. (Para 14 , 15) |
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition, petitioner has prayed for following reliefs :
“i) Issue a writ of certiorari to quash Annexure P-5 issued by the respondent No.5.
ii) Issue a writ of mandamus directing the Respondent authorities to enter the name of the second wife of the petitioner in the pension record.”
2. In the year 1973, petitioner came to be appointed as Carpenter/Foreman on regular basis with the respondent-department. In the year 1994, petitioner solemnised marriage with Ms. Kamlesh Devi, daughter of Mr. Ghoundlu Ram, but since no child was born out of their wedlock, Ms. Kamlesh Devi and her parents insisted upon petitioner to solemnise second marriage and as such, during subsistence of his first marriage with Ms. Kamle
Second wife married during first wife's lifetime eligible for pension nominee entry after first wife's death, given long cohabitation, family insistence, major heirs' no-objection, and no other claim....
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 second wife may be entitled to family pension under amended rules despite existing complications if the first marriage is legally dissolved.
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.
The right of a spouse to family pension is independent of obligations towards children from a previous marriage.
Pension is a protected right under Article 300-A of the Constitution; denial of family pension to a legally wedded second wife without due process violates principles of natural justice.
Family pension claims cannot be contingent on a testamentary disposition; entitlement is based on recognized marital status and official dependency designations, without requiring succession certific....
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