As per Rule 116(5)(i) of the Pension Rules, in the case of a widower, the family pension is payable upto the date of his death or remarriage, whichever is earlier. The meaning of the word 'widower' as stated in Black's Law Dictionary, 9th Edition is "a man, whose wife has died and who has not remarried". It is true that the petitioner has not got remarried after the death of Sunanda, but indisputably, in view of his second marriage with some other woman during the life time of Sunanda, may be with the consent of Sunanda, he would not assume the status of 'widower', who has not performed marriage. He certainly continues to be the husband of the woman with whom he has performed second marriage. It would be rather a hyper-technical an approach to say that the petitioner, who has already performed a second marriage/remarriage, should not be called as a person "remarried" for the purpose of getting family pension, only because the said remarriage was not after the demise of his wife Sunanda. The intention underlying Rule 116(5)(i) of the Pension Rules is not to extend the benefit of family pension to a person, who is enjoying a marital life with some other woman than the deceased Government servant.
7. As stated above, the case of the petitioner certainly would not fall under Rule 116(5)(i) of the Pension Rules since he is enjoying the marital life even after the death of Sunanda. The petitioner would not be entitled to get family pension, claiming himself to be the widower of the deceased Sunanda, since he has remarried.
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
Writ Petition No. 6117 of 2007
Decided On: 13.11.2017
Deelip Vs. Government of Maharashtra and Ors.
Hon'ble Judges/Coram:
S.P. Deshmukh and Sangitrao S. Patil, JJ.
Citation: 2018(5) MHLJ 129
