Whether second wife in bigamous marriage can claim pension in case of death of her husband?
second wife was deceived by deceased husband and she begotten a
daughter from the deceased and therefore, it is necessary for the
Court to take a gender protectionist view and grant her pension. This
argument of the learned counsel for the respondent is one sided and
may appear convincing superficially, but it does not stand to reason
after close scrutiny. The Courts have empathy for a woman who is
deceived by a man, however, she may take recourse under the other
enactments for redressal. So far as husband is a Government servant
and matter is covered under the rules, then the Curt cannot take
other view than permissible in law. The Division Bench in the case of
Chanda Hinglas Bharati has made a reference to similar argument
and has rightly observed that “showing sympathy to a woman like the
petitioner would result in depriving a legitimate wife of her right to
receive full family pension. This is the gender positive view towards
the legally wedded wife. The case of second wife may be unfortunate
but I am of the view that Court cannot pass verdict in her favour.
While doing justice, injustice should not be caused to a person having
a rightful claim.
Thus, I fully rely on the ratio laid down in the case of Chanda
Hinglas Bharati and hold that marriage contracted with second lady
in subsistence of first marriage or spouse is living, then second lady
from the Hindu/Christians cannot claim as a widow entitled to
pension subject to personal law or as stated in Rule 26 of
Maharashtra Civil Services (Conduct) Rules.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.577 OF 2015
WITH
CIVIL APPLICATION NO.1770 OF 2015
Draupada @ Draupadi Jaydeo Pawar
and Others ... Appellants
vs.
Indubai d/o. Kashinath Shivram Chavan
and Another ... Respondents
CORAM : MRS.MRIDULA BHATKAR, J.
PRONOUNCED ON : 10th FEBRUARY, 2016
https://www.lawweb.in/2016/02/whether-second-wife-in-bigamous.html
