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VIVEK AGARWAL
Batasiya Maravi – Appellant
Versus
State of Madhya Pradesh through the Secretary Home Department – Respondent
ORDER
This petition is filed assailing the order dated 13.02.2023 passed by the Superintendent of Police Mandla rejecting claim of the present petitioner to get family pension on account of death of Uttam singh Maravi on 07.09.2021.
2. Rejection order makes a mention of the fact that Shri Uttam Singh Maravi had first marriage with Smt. Rain Kumari and in his service book name of Smt. Rain Kumari is mentioned. Even in the pension case joint photographs of Late Shri Uttam Singh Maravi and Smt. Rain Kumari have been affixed.
3. Petitioner’s contention is that late Shri Uttam Singh had divorced his first wife Smt. Rain Kumari and Rain Kumari had sworn an affidavit before the notary public on 07.10.2014 to the affect that she had taken divorce in 1998-99 as per tribal customs and traditions which has legal sanctity. She further deposed that they were staying separately for last 15 years and she has no claim on the body and property of Shri Uttam Singh and both are living separately.
4. It is submitted that petitioner had contacted marriage with Shri Uttam Singh Maravi on 15.05.2000 and this fact is mentioned in the form which was submitted by Uttam Singh Maravi in the form of Exhibit P-
Misconduct - When the whole situation is examined in the light of the Conduct Rules of 1965, then petitioner’s contention that she is second wife and is entitled to family pension is not made out bec....
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 marriage contracted during the life of the first spouse is void, disqualifying the second wife from receiving family pension benefits.
The main legal point established in the judgment is that the provision for payment of pension to more than one widow applies only to lawful marriages, and the concept of a widow does not arise in the....
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