Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD SITTING AT LUCKNOW
ATTAU RAHMAN MASOODI, SUBHASH VIDYARTHI
Pin Maya Kumal – Appellant
Versus
Govt. of India Thru. Secy. Ministry of Defence Army – Respondent
| Table of Content |
|---|
| 1. petitioner claims entitlement to family pension post husband's death. (Para 2 , 3 , 4 , 5) |
| 2. regulation 333 prohibits second marriage without sanction. (Para 6 , 7 , 8) |
| 3. arguments regarding the legality of the first marriage and record maintenance. (Para 12 , 14 , 15) |
| 4. previous judgments do not apply to current case regarding pension rights. (Para 17 , 18 , 19) |
| 5. writ petition dismissed; no merit found in the petitioner's claim. (Para 21) |
JUDGMENT :
1. 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 No. 1 & 2 respectively to this petition and thereby grant her entitled Ordinary Family Pension w.e.f. 14 Jul
The court affirmed that a second marriage contracted without prior sanction under army regulations is void, thus denying pension benefits to the second wife.
The second marriage of a soldier was deemed void under Army Regulations, denying the second wife entitlement to family pension.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
