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Family pension

(Querist) 17 June 2014 This query is : Resolved 
I am Amani(Hindu),I got married to a person in the year 1987 and he is central government employee(Hindu) and I am 2nd wife to him and I have marriage certificates but he didn't take diverse from 1st wife. she had only one son and in the year 2005 she died.my husband is alive and he was retired in the year 2007.now first wife son is working and he is no more dependent on his father.so am I eligible for family pension?
Devajyoti Barman (Expert) 18 June 2014
At the time of your marriage you are not his lawful wife and hence the marriage is void.
To correct this mistake get a marriage registered on any date after death of his first wife and then apply for his family pension.
Rajendra K Goyal (Expert) 18 June 2014
Agree with the advise of expert Devajyoti Barman ji.
Sankaranarayanan (Expert) 18 June 2014
I do agree with Barman Ji
malipeddi jaggarao (Expert) 18 June 2014
How can you have married certificate earlier? That means you have misrepresented the facts. For sake of family pension, the employee has to nominate his wife for receiving pension. To whom he has nominated? who is the legally wedded wife in the service records of your husband? If your name is registered in the service records, since the first wife is died, you will be entitled for family pension.
T. Kalaiselvan, Advocate (Expert) 21 June 2014
I agree with expert Mr. Malipeddi Jagga Rao's views on the subject. Verify from the service records as to who was nominated as wife in he service records to receive family pension and then proceed with the ideas suggested by experts.
amani (Querist) 21 June 2014
In service book first wife name is there later my name is nominated in the year 2004 even in CGHS card my name is there.
T. Kalaiselvan, Advocate (Expert) 21 June 2014
If your husband renominated your name in the service records and replaced your name with her name, it is a valid nomination and you are legally eligible and entitled to his family pension. without giving any extra details about his previous wife and other things voluntarily, send an application to the authorities seeking family pension by just enclosing your husband's death certificate and your identity proof, wait for their reply and after that if you are required to submit any other document or to comply with any other formality in this regard, adhere to it and get the benefit of family pension.
malipeddi jaggarao (Expert) 23 June 2014
Agreed with expert Mr.Kalaiselvan. Take steps accordingly.
amani (Querist) 25 June 2014
As Barman sir said earlier that to register my marriage after the first wife death, is it possible to get registration to my marriage,as my daughter born in the year 1994?so sir I am requesting you to mention according to which law this registration can be done.


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