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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
ATTAU RAHMAN MASOODI, SUBHASH VIDYARTHI
Pin Maya Kumal – Appellant
Versus
Government Of India – Respondent
JUDGMENT :
Heard Sri Ashok Kumar Srivastava, the learned counsel for the petitioner, Sri S.B. Pandey, the learned Senior Advocate/Deputy Solicitor General of India assisted by Sri Varun Pandey, the learned counsel for the opposite parties and perused the material available on record.
2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :
''(i) Issue a writ, order or direction in the nature of Certiorari for quashing of impugned orders dated 20.11.2023 and 08 April 2024 passed by Armed Forces Tribunal (RB), Lucknow annexed as Annexure 1 and 2 respectively to this petition and thereby grant her entitled Ordinary Family Pension w.e.f. 14 Jul 2016 i.e., pursuant to death of her husband on 13 Jul 2016.
(ii) Issue/pass an order or direction of appropriate nature to summon and quash/set aside orders leading to denial of petitioner's ordinary family pension w.e.f. 14.7.2016 i.e., after her husband's death on 13.7.2016.
(iii) Issue/pass an order or direction of appropriate nature to opposite parties to grant ordinary family pension, LTA and ensuing benefits to the petitioner w.e.f 14.7.2016, i.e., after her
The second marriage of a soldier was deemed void under Army Regulations, denying the second wife entitlement to family pension.
The court affirmed that a second marriage contracted without prior sanction under army regulations is void, thus denying pension benefits to the second wife.
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.
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....
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 marriage under the Special Marriage Act is void if either party has a living spouse, and proper parties must be included in civil litigation to validate claims.
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....
The legal point established is the entitlement of the legally wedded spouse to pensionary benefits under the applicable rules and the invalidity of nominations contrary to statutory provisions.
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