Two wives: who will get pension.
abdul
(Querist) 06 January 2014
This query is : Resolved
My father is a Muslim and he is a government employee(state government of andhra pradesh) died leaving two wives and children.
First wife is legally wedded wife(Muslim)and she has a son(24 years)and daughter(23 years)and first wife is a nominee in all government records and Second wife(Muslim)and she has three daughters(4years, 6years and 8years.we think that she is illegal.officers said that i am eligible for compassionate appointment as i am the only son of first wife and second wife doesn't have any right to ask about the compassionate appointment.
My Question is who is eligible for family pension and why? and will the government(court) agree for two pension accounts separately for first and second wife(50% pension for first wife and 50% pension for second wife)and who is eligible for all death benefits? and under which act government will give two separate pension accounts for two wives?
Recently they lodged a case in Permanent Lok Adalat that she wants full pension or half pension in separate account and in death benefits she(second wife) wants 50% of share.SO JUDGE SAID THAT SECOND WIFE IS NOT ELIGIBLE FOR PENSION AND NOT SEPARATE PENSION ACCOUNT BECAUSE FIRST WIFE IS NOMINEE AS PER GOVERNMENT RECORDS AND SHE SAID TO FIRST WIFE TO GIVE ALL THE MONEY BECAUSE SECOND WIFE HAVING THREE CHILDREN AND THAT TOO FIRST WIFE WILL GET FULL PENSION AND HER SON WILL ALSO GET GOVERNMENT JOB TO GET MATTER SETTLED and first wife agreed to give full amount(gratuity,insurance e.t.c)
But second wife not agreed and her lawyer said that there is a act to give separate pension accounts and argued with first wife that you have to give half pension otherwise he will put a case in court.
WHAT WILL BE THE JUDGEMENT IF SECOND WIFE IS LEGAL OR ILLEGAL?(SHE DOESN'T HAVE ANY PROOFS)please help, Thankyou.
BAALASUBRAMANNYAMM
(Expert) 06 January 2014
I am of the opinion, in your case " Muslim Personal Law(Shariat Law) applies. The 2nd wife of your father also Muslim by religion,hence the act applies. And hence the 2nd wife is treated as legally wedded wife of your father.In the government records, though your father nominated your mother, being a wife, the 2nd wife also entitled for the death benefits of her late husband.
Rajendra K Goyal
(Expert) 06 January 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Two-wives-who-will-get-pension-and-death-benefits--445346.asp#.Usq_PLSLq_I
R.K Nanda
(Expert) 06 January 2014
repeated query.
Ms.Nirmala P.Rao
(Expert) 13 January 2014
Both the legally wedded wives together with their children would get legal rights in the deceased government servant father's estate/pension etc as per Muslim Law since polygamy upto 4 wives is very much permitted as per this law.
Ms.Nirmala P.Rao
(Expert) 13 January 2014
Both the legally wedded wives together with their children would get legal rights in the deceased government servant father's estate/pension etc as per Muslim Law since polygamy upto 4 wives is very much permitted as per this law.
