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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.BHAVANI SUBBAROYAN, J
M. Palani – Appellant
Versus
Secretary to Government, Government of Tamil Nadu, Finance and Pension Department – Respondent
ORDER :
V. Bhavani Subbaroyan, J.
This Writ Petition has been filed challenging the impugned order passed by the 5th respondent in Na.Ka.No.1407/A3/2023, dated 29.11.2023 and for a direction to the respondents to include the name of the petitioner's wife Mrs.Shiyamala in the Family Pension Scheme of the petitioner.
2. The case of the petitioner is that, he was working as a Teacher in the Government School. The petitioner had retired from service on 31.08.1998 and is granted the benefit of Family Pension since then. The petitioner has 5 daughters and 1 son. Out of the 6 children, 4 daughters were born to his first wife, Late Mrs.Govindammal and one daughter and a son were born to his second wife viz., Mrs.Shiyamala. During the lifetime of Late Mrs.Govindammal, due to her illness in health, the petitioner had to marry Mrs.Shiyamala under pressure and compulsion by Late Mrs.Govindammal, as she was under medication, continuous treatment and bedridden. After suffering sickness, Late Mrs.Govindammal demised on 01.10.1999. Since then, the petitioner is living with Mrs.Shiyamala and all the children are married and settled. Hence, to incorporate the name of Mrs.Shiyamala in the Family Pension
Eligibility for family pension includes second wives if marriages are registered and valid under law.
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.
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....
A second marriage contracted during the life of the first spouse is void, disqualifying the second wife from receiving family pension benefits.
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.
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 - 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....
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