Sunday, 29 September 2019

Bombay High court(FB) : Second wife not entitled to get pension

 The matter is placed before this Full Bench upon the directions of the Hon'ble the Chief Justice. The reference was made by the Division Bench of this Court referring the following issue to the full bench, "In cases to which, Maharashtra Civil Services (Pension) Rules, 1982, apply whether the second wife is entitled to claim family pension?"

Kamalbai and Ors. vs. The State of Maharashtra and Ors. (31.01.2019 - BOMHC) : MANU/MH/0776/2019 The view taken by the Division Bench of this Court in a case of Chanda Hinglas Bharti Vs. State of Maharashtra (supra) and Ramabai Gulabrao Jamnik Vs. State of Maharashtra (supra) so also the view of the learned Single in a case of Indubai Jaydeo Pawar and another Vs. Draupada @ Draupadi Jaydeo Pawar and others (supra) appears to be correct view. 

 The Three Judges Bench of the Apex Court in a case of Raj Kumari and another Vs. Krishna and others reported in MANU/SC/0397/2015 : (2015) 14 SCC 511 has also observed that normally pension is given to the legally wedded wife of a deceased employee. Same view is taken by the Apex Court in a case of Rameshwari Devi Vs. State of Bihar (supra) and it is held that the second wife is not entitled for family pension.

26. In view of the aforesaid discussion, we answer the reference as under:

"In cases to which Maharashtra Civil Services (Pension) Rules, 1982 apply, the family pension can be claimed by a widow, who was legally wedded wife of the deceased employee. Second wife, if not a legally wedded wife would not be entitled for family pension and if the second wife is legally wedded wife, then should be entitled for the family pension."

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Writ Petition Nos. 9933, 11256 and 12308 of 2016

Decided On: 31.01.2019

 Kamalbai  Vs.  The State of Maharashtra and Ors.

Hon'ble Judges/Coram:
S.V. Gangapurwala, R.V. Ghuge and S.M. Gavhane, JJ.
Citation: 2019(3) MHLJ 921



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