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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VINOD S.BHARDWAJ
Shanti Devi – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Vinod S. Bhardwaj, J.
Challenge in the present petition is to the order bearing No.2612 dated 16.01.2019, whereby a notice has been served upon the petitioner to deposit the amount received by her towards widow pension, to the tune of Rs.1,06,500/- alongwith interest @ 12% per annum, despite solemnizing a second marriage (Krewa). A further prayer has also been made for directing the respondents to refund the amount of Rs.2,73,291/- that has already been recovered from the petitioner.
2. Briefly summarized, the facts of the present case are that the petitioner was married to one Sube Singh, who died on 20.04.1981, leaving behind the petitioner namely Shanti Devi and her three children. It is further submitted that Omi Devi wife of Buja Ram- brother-in-law (Jeth) of the petitioner had also died in the year 1980. The petitioner had applied for and was granted the widow pension in the year 1999 as per the scheme. It is specifically stated in the petition that as per the customary practices, the petitioner had performed a krewa marriage in the year 1983 with her Jeth namely Buja Ram and from the said krewa marriage, four children were born out. It is averred that despite the per
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.
A second wife cannot claim family pension benefits unless she can prove her legal marriage to the deceased employee, as the definition of 'widow' under the CCS (Pension) Rules, 1972, requires legal r....
Denial of family pension cannot be justified without clear evidence of marriage validation, as admissions and supporting documentation must be duly considered.
Section 4 of the Special Marriage Act does not save a second marriage contracted by a Mohammedan male– Petitioner, who is a Hindu had married her deceased husband, who was a Mohammedan, under the Spe....
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....
(1) Section 4 of Special Marriage Act does not save a second marriage contracted by a Mohammedan male.(2) Marriage of muslim man with an idol worshiper is neither valid nor a void marriage, but is me....
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.
The court upheld that service records indicating a spouse's legitimacy govern entitlement to benefits, dismissing challenges based on prior relationships without clear evidence.
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