Familt Pension
Parthasarathi Loganathan
(Querist) 17 January 2010
This query is : Resolved
My Father who retired as Senior Civil Surgeon had expired on 22.1.2002. We (all the four children) were brought up since childhood by our step mother since our mother had expired on 12.10.1982. Since my father did not include any nominees for family pension, we had obtained Legal Heir Ship certificate from the competent authorities indicating that our step mother as the second wife of our deceased father. There are no disputes in the family. Can our step mother claim family pension by obtaining succession certificate from the court with arrears from the date of date of our father? We have initiated necessary steps through our lawyer. Please advise.
A V Vishal
(Expert) 17 January 2010
Yes your step mother can claim the pension by obtaining succession certificate from the court. However, your query is silent whether your father married while your natural mother was alive or after her death. Opinion might differ if your father married while your natural mother was alive. Also kindly mention the personal law of the querist.
Parthasarathi Loganathan
(Querist) 17 January 2010
Since my father was a Government servant and my step mother took care of the family due to the ill-health of my natural mother (who expired), he did not declare the aspect of second marriage in his official documents. However, it was our step mother who took care of the family ever since our natural mother left us during the year 1982 and she is the only claimant of family pension with the consent of all the other legal heirs.
A V Vishal
(Expert) 17 January 2010
After your mother's death did he marry her?
Parthasarathi Loganathan
(Querist) 17 January 2010
Yes. 60th Birthday Anniversary of my father alongwith my step mother celebrated during the year 1995 (after my father's retirement from service) by our family to prove to the world that only our step mother is the wife of our father though my step sister happens to be the only daughter of our father was born during the year 1976 during the life time of our natural mother since the latter was bedridden and sick.
A V Vishal
(Expert) 17 January 2010
I am sorry but there is no legitimacy of such ceremonies as your step mother is not the legally wedded wife of your father.
Parthasarathi Loganathan
(Querist) 17 January 2010
I differ with your opinion Sir. There are every documentary proof to support our claims including revenue records to put up that my step mother is the legally wedded wife of our father. This is in total consent all the legal heirs. Since my father was in Government Service, he must have not declared our step mother in his service records during the life time of our natural mother. On the other hand, since the latter was ailing and the family (we were school going boys then) has to be taken care our step mother has to be assigned the status in the family with the full consent of our ailing natural mother. Ulitmately this situation has accrued.
A V Vishal
(Expert) 17 January 2010
Mr Parthasarathi, No where did you mention the fact in your posts, you just told that you celebrated the 60th birth anniversary along with your step mother. If your father has married under the customs & rites prevailing viz sapthapadi and tying of the mangalsutra as required in a Hindu marriage, your step mother will be entitled to family pension.
Parthasarathi Loganathan
(Querist) 17 January 2010
Yes Sir. Since my father was not legally wedded to my step mother (due to the facts mentioned in my earlier posts)no ceremonies of his marriage under the customs & rites prevailing viz sapthapadi and tying of the mangalsutra was performed as per Hindu marriage. However, to plug this omission we conducted the 60th Year function to declare to the society that only our step mother is the legally wedded wife of my father.
A V Vishal
(Expert) 17 January 2010
Mr Parthasarathi
A marriage to be valid has to fulfill the following conditions under the Hindu Marriage Act:
Neither party should have a spouse living at the time of marriage. The spouse does not include a divorced husband/ wife.
At the time of marriage, the parties should be capable of giving a valid consent to the marriage. A person who is of a sound mind shall be considered to be a person capable to give a valid consent. Neither party, though capable of giving a valid consent should be suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children. Neither party should be suffering from recurrent attacks of insanity or epilepsy.
The bridegroom should have attained the age of 21 years and the bride should have attained the age of 18 years at the time of marriage.
The parties should not be within the degrees of prohibited relationships, unless the customs or usage, permits such a marriage.
In addition to the aforesaid conditions certain Essential Ceremonies are prescribed under law viz. (A).A Hindu marriage can take place according to the customary rites and ceremonies.
(B).The ceremony of saptapadi and kanyadana are important ceremonies prevalent among vast majority of Hindus and the ceremony of saptapadi before the sacred fire has been held essential for a valid Hindu Marriage.
Therefore I am afraid that your step mother cannot be treated as a widow of your late father IN THE EYES OF LAW for the purpose of succession.
Parthasarathi Loganathan
(Querist) 17 January 2010
Yes. I agree with your arguments defending the basic tenets of Hindu Marriage Law. However, if you are a Judge to this case, let me put up arguments for you to consider the following rudimentary grounds to make the widow eligible for claim of family pension:
(a) My Step mother must have been under the presumption during the life time of my father that, the latter would have nominated the former in his service records to entail her for family pension.
(b) Since there are several witnesses both at the family circle and the relatives/friends circle as to the fact that the lady was living as a second wife for more than 30 years with the deceased.
(c) There is no act committed by the step mother which is detrimental to the interests of society except by taking care of the family members for more than 20 years bring up the minor children at a time my natural mother was ill and bed ridden by sacrifice.
(d) There are no other claimants to the legitimate family pension which a deceased pensioner is entitled from the Govt to his widow after death.
(e) There is no dispute in the family to protest against receipt of dues from Government to survive in the society in the old age after the death of husband.
(f) Even under the circumstances quoted as per enactments in force, had my father declared officially and got entries in his service register about the second wife, would the same provisions hold good?
(g) Though my step mother cannot be treated as a widow of our late father IN THE EYES OF LAW for the purpose of succession, will it nullify the fact that she was living with my father till his last breath at a time all his sons were posted outstation (due to employment)and she is rewarded for this harsh treatment?
Please deploy the principles of Justice, Equity and Good Conscience and post your valuable guidance to extract the positive provisions of law to make my step mother eligible for family pension claims.
A V Vishal
(Expert) 17 January 2010
I could try and gather a relevant case law, hope similar arguements can be put up in your case.
Raj Kumar Makkad
(Expert) 17 January 2010
Law considers all the facts as well as equity while considering such matters. Recently SC has decided a matter wherein the pension as well as other retiral benefits were equally ordered to be divided among both widows of a deceased employee in the similar case. So there are good chances for the pension to your step mother in the given case.
A V Vishal
(Expert) 17 January 2010
Makkadji,
Can you cite the case law, I will try to get it online.
Parthasarathi Loganathan
(Querist) 18 January 2010
I wish to clarify to Makkadji that in this case my natural mother has already expired and my step mother is the surviving widow which has been duly marked in my father's legal heirship certificate as his second wife. Hence, there is only one claimant to family pension. Vishalji can help me to get the case law similar to this situation
