Saturday, 30 July 2016

Whether second wife is entitled to get pension with consent of first wife?

 For the reasons and law stated, hereinabove, the second wife cannot claim pension on the consent of the first wife, even if the second wife is eligible under the Rules to receive family pension, as long as, the first wife is alive or does not remarry.
IN THE HIGH COURT OF ALLAHABAD
Civil Misc. Writ Petition No. 57990 of 2014
Decided On: 26.02.2015
Appellants: Ram Mohini Devi 
Vs.
Respondent: State of U.P. and Ors.
Hon'ble Judges/Coram:Suneet Kumar, J.
Citation: 2015 LAB I C2395 ALL
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Whether nomination for retiral benefits made by husband in favour of second wife is valid?

The Supreme Court in Bakulabai and another v. Gangaram and another, 1988 (25) ACC 119, held that the marriage of a Hindu woman with a Hindu male with a living spouse performed after the coming into force of the Hindu Marriage Act, 1955 is null and void and the woman is not entitled to maintenance under Section 125 of the Cr.P.C.
The Apex Court in Smt. Sarbati Devi and another Versus Smt. Usha Devi, AIR 1984 SC 346, held that a mere nomination made in an insurance policy does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the life insurance policy on the death of the assured. The nomination only indicates the hand which is authorised to receive the amount on the payment of which the insurer gets a valid discharge of its liability under the policy. The amount, however, can be claimed by the heirs of the assured in accordance with the law of succession governing them.
This Court in Shakuntala Devi (Smt.) Versus Executive Engineer, Electricity Transmission Ist U.P. Electricity Board, Allahabad and another, [(2001) 1 U.P.L.B.E.C. 8691], while dealing with two wifes wherein the nomination was in favour of the second wife it was held that it cannot defeat the claim of the legally wedded wife, only legally wedded wife is entitled to retiral benefits and provident fund and appointment under Dying-in-Harness Rules.
Similarly, view was expressed in Poonam Devi (Smt.) Versus Chief Engineer, Electricity Board and others, [(2004) 3 U.P.L.B.E.C 2292].
In G.L. Bhatia v. Union of India and another, 2000(1) ESC 135 (SC), the Supreme Court held that if a nomination is made contrary to statutory provision, it would be inoperative. In the facts of that case, the husband of the deceased employee claimed family pension while nomination was not in his favour. The authorities rejected the claim of the husband for the reason that he was staying separately from the wife and thus was not entitled to family pension. The Apex Court held that the husband was entitled to family pension, where the rights of the authorities are governed by statutory provisions, the individual nomination contrary to the statute will not operate.
Allahabad High Court
Manno Singh vs State Of U.P. & Others on 11 September, 2014
Bench: Suneet Kumar
Case :- WRIT - A No. - 23388 of 2012
Citation:I(2015)DMC 654 ALL
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Whether nomination for pension in favour of second wife is valid?

 In fact, Bimla Devi respondent, the second wife, legally has no status and cannot claim any share in the estate of deceased Nanak Chand as her marriage is void ab initio in view of Sections 5 and 11 of the Hindu Marriage Act, 1955.
As Smt. Bimla Devi is not the legally wedded wife of deceased Nanak Chand, therefore, there could not be a valid nomination in her favour for the payment of the pension. Please see : Rampyari Bai v. Municipal Corporation and Anr. Even otherwise also the nominee is the trustee for the rightful claimants. Further on examination of the facts on record, we have found that the facts in this case are almost akin to the facts, in Rameshwari Devi v. State of Bihar and Ors. (2002) 2 SCC 431 wherein the Hon'ble Supreme Court has held that during the subsistence of first marriage, the children born out of second marriage are legitimate as per the provisions of Section 16 of the Hindu Marriage Act, 1956, though the second marriage itself is void. However, the minor children of the second marriage are entitled to the family pension but not the second widow. While upholding the decision of the Division Bench of Patna High Court which had upheld the view of the Single Judge that first wife and minor children from the second wife, would share the family pension of the deceased to the extent of 50:50. Therefore, taking assistance from the above legal position, settled by the Supreme Court, we hold Premi Devi entitled for 50% of the pensionary benefits and the children from the second wife Smt. Bimla Devi, namely, Santosh and Rajesh Kumar to the extent of 50%.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Decided On: 18.12.2006
Appellants: Smt. Premi Devi
Vs.
Respondent: Director of Directorate General Boarder and Ors.
Hon'ble Judges/Coram:
Deepak Gupta and S.S. Thakur, JJ.
Citation:2008(1) CIVILLJ419
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Whether second wife is entitled to inherit pension of her husband?

 Normally, pension is given to the legally wedded wife of a deceased employee. By no stretch of imagination one can say that the plaintiff, Smt. Krishna was the legally wedded wife of late Shri Atam Parkash, especially when he had a wife, who was alive when he married to another woman in Arya Samaj temple, as submitted by the learned counsel appearing for the appellants. We are, therefore, of the view that the High Court should not have modified the findings arrived at and the decree passed by the trial court in relation to the pensionery benefits. The pensionery benefits shall be given by the employer of late Shri Atam Parkash to the present appellants in accordance with the rules and regulations governing service conditions of late Shri Atam Prakash.
Supreme Court of India
Raj Kumari & Anr vs Krishna & Ors on 26 February, 2015

Bench: Anil R. Dave, R.K. Agrawal, R. Banumathi
NON-REPORTABLE
CIVIL APPEAL NO.1811 OF 2007

Citation: AIR 2015 SC 2697
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