May i get family pension as second wife

If a civil court decree exists to that effect, then YES, you might be eligible for Family Pension.

This too provided your husband has issued one such declaration.

Just an affidavit by the first wife, is not valid.

check this judgement and READ IT FULLY and take a PRINT-OUT and UNDERLINE RELEVANT PORTIONS AND SHOW TO

YOUR ADVOCATE. 

But as per this judgement, YOU are not eligible but YOUR CHILDREN ( ELDER ) ARE ELIGIBLE.

https://aftkolkata.nic.in/upload/court/Court-65.PDF

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BUT  AS PER ANOTHER ORDER OF ANOTHER STATE, YOU ARE ELIGIBLE.

CHECK THIS.....READ IT FULLY and take a PRINT-OUT and UNDERLINE RELEVANT PORTIONS AND SHOW TO YOUR

ADVOCATE 

AND TELL HIM TO ARGUE ON THIS BASIS.

check this link

https://www.tn.gov.in/dop/p10.htm

REMEMBER THAT HINDU MARRIAGE ACT CAME INTO EFFECT IN THE YEAR 1955.

SO YOUR MARRIAGE SHOULD HAVE BEEN SOLEMNIZED BEFORE 1955.

OR ELSE, YOUR CHILDREN MIGHT BE ELIGIBLE.

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Legally wedded wives:-  The second wife gets the status of  legal wife in two cases : Second marriage solemnised before coming into force of the Hindu Marriages Act as per the customary law among the community ; and the second marriage solemnised as per legal requirements in the case of persons governed by Mohemmaden law where bigamy is permissible. In these cases, second wife is eligible to have the family pension. The child born to the wife other than those covered by the above two cases is treated as illegitimate and not eligible for family pension.

Letter 112351/90-4 Fin 02.06.1992, 86752/92-1 Fin 10.08.1992.

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Even if there is one document where he has made you the NOMINEE ( Bank account, Insurance,...etc ),

then you can SUPPORT YOUR CLAIMS as his LEGAL HEIR.

There must be some VERY OLD case judgements.

Tell the advocate to refer to case judgements listed in AIR.

Hello Sir/Madam... My case simillar to this case....

My husband (Bhika Budha Chaudhari) was working in western railway as keyman. He was not getting children from first wife (Nirmala). Then with the consent of first wife Nirmala, shri Bhika chaudhari remaaried to me (Arunabai) in 1985. 

Summary of my case - 

1.Late.Shri Bhika Chaudhari remarried to arunabai in 1985 while firse marrige was not dissovled.

2. Then we all three with children was living together till now.

3. Shri Bhika chaudhari retired on 2005 and was pensioner from 2005.In PPO the name of first wife Nirmala is exists.

4. Then first wife Nirmala was expired in 2011.

5. Shri. Bhika Chaudhari was also expired in 2012.

6.  Now I have submitted application for getting family pension as a second wife of Bhika chaudhari in 2014 and in 2015.

7. I got the reply from the railway authority that, Late Shri Bhika chaudhari was never mentioned about his second marriage to railway during his lifetime. and in PPO also name of first wife Nirmala is existing. So you furnish if you are having any proof such as family ID issued by the railway authority to check genuiness of the case.

In this connection, I have submitted family ID card issued by railway in which Shri Bhika chaudhari mensioned me ( Arunabai) as a wife. But I am still waiting for their reply.

Documents to examine as a wife of shri Bhika Chaudhari as follows-

Marriage Certificate, Heirship Certificate issued by Tahsildar, Aadhar Card, Ration Card, Bank Passbook, Election Card. 

Sir/madam...

I read the news from TOI newspaper that illlegal second wife is also eligible for getting family pension. If anybody has judgement regarding this so plese give me. 

Please see the attachment and give me your suggestions.

28' lt has been held by the Hon'ble Supreme Court in the case of Rameshwari Devi -vs- state of Bihar, 20oo(2) scc 431 that even if the second marriage is void but the children born out of second marriage, according to the Hindu Marriage Act, 1956, are legitimate, and, therefore, such children are entitled to family pension but not the second widow.