TN SANTHOSHKUMAR (Executive) 27 June 2014

Second wife can get pension ?after 1st wife died.

Sir,

My father he government employee he died in 2001.in government records (SR Book) he mentioned second wife and son name and also he mentioned first wife son name. First wife she is Christian and they married in one temple. After my father died 1st wife and second wife they make a mutual understand that pension for second wife and job for 1st wife son. and we applied for pension. In AG Office (Account general office) they rejected the application and they said second wife is not eligible for pension and they grant pension for first wife. From last 10 years they enjoying job and pension. Last 2 year back 1st wife also died.

sir please tell me know second wife can eligible for apply pension. because in government records (SR BOOK) second wife name is their. sir please help me.

Regards,

Santhosh

Karnataka.

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10 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 27 June 2014

The order of the Accounts General has to be challenged at earlier point of time based on the entry of th name of the second wife in the SR Book..

But as of today, 10 years passed by and now it is belated

1 Like

Laxmi Kant Joshi (Advocate ) 27 June 2014

No second wife is not entitle for pension even after her name is written in the government record of your father service book , according to hindu marriage act if any spouce solemnised his second marriage in the lifetime of previous one or without giving divorce to first wife his/her second marriage will be

TN SANTHOSHKUMAR (Executive) 27 June 2014

Ok sir, G Aravinthan sir is telling 10 year passed so belate and lakshmi kanth joshi sir telling second wife is not entitle for pension. but sir 1st wife son he taken job and he enjoying from last 10 years know we have any right to claim that job or objection if their mean please suggest me sir.

Regards,

Santhosh

Adv. Chandrasekhar (Advocate) 27 June 2014

The answer to your second query lies in the answer of Sh. Arvinthan.

Advocate Bhartesh goyal (advocate) 27 June 2014

Laxmi Kant Joshi is absolutely right.Second wife has no right to claim any benefit of service of her deceased husband even though her name was mentioned as beneficiary in service record of your father.your father's second marriage would be treated as void in eye of law..

Adv. Chandrasekhar (Advocate) 27 June 2014

Without commenting about the merit of the case, and while go along with Sh. Arvinthan, I bring the attention of Sh. Bhartesh Goyal, to the following line from the query, which is note worthying - "First wife she is Christian and they married in one temple"