Hello Team,
My uncle used to work in JSEB, he died before retirement from duty. He had two wives and has child from both.
Both family has agree on mutual understanding to distribute retirement benefit and furnished the affidavit to department as per below
- 1st wife will get full family pension and 50% of other retirement benefit, like GPF,GSS and Gratuity.
- 2nd wife child will get 50% of retirement benefit other than pension which is GPF, GSS, Gratuity or any other.
- There is minor child alive from both wives.
Department is raising legal concern in that agreement, and they are saying that they will split pension into two part and give pension to second wife’s child until they become adult. Upon reaching them adult, department will forfeit that part of pension.
As per the Bihar Pension Act 1950, Rule 184,
- Pension can only be distributed among legal wives, and as per Hindu Marriage Act 1955, Rule 5 Hindu cannot have two wives, therefore pension cannot be granted to her.
- Pension can only be distributed among child if worker does not leave behind widow, but in his case his first wife is alive.
Please help me out in this to understand the legal complication, I do not want them to lose half of pension when child become adult, this seems like a cheating with person’s hard earned money.
Thanks you in advanced for your advice
