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Vijay   11 November 2015

Pension for second wife

Govt retired employee has 2 wives.1st wife dont have child for many years.So govt employee went to second marriage after got a legal approval from the 1st wife.Govt employee passed away last month and he was subjected to retirement pension.After his death 1st wife is elligible for pension where her name is included in govt records.Unfortunately first wife also died due to health issue after the days of govt employee's death.In this case whether second wife is eligible for pension?



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 4 Replies

amit sharma   11 November 2015

What is this " legal approval from first wife?".Please explain. The second marriage is not legally valid in any case. Had the demised person been Mohammedan then too not eligible as Mohammedan govt. servants are not allowed bigamy. Hence not eligible for pension. Only son/daughter of such person is eligible(subject to conditions)Wait and see what others say.

advocatepassy@gmail.com 971794 (Advocate)     12 November 2015

A Govt servant is not supposed to keep two wives.  Hence second wife not entitled to any pension.

adv.raghavan (Advocate,9444674980)     12 November 2015

second wife is not eligible for pension. With the death of legitimate wife(widow) pension  will also  come to an end.

dr g balakrishnan (advocate/counsel supreme court)     12 November 2015

second wife need to file a writ inder art 226 r/w art14 to get right over the pension as she has a child born out of the wedlock, some witnesses of the marriage could vouch hermarriage to the demised govt employee, after all pension is like a property right for her under art 300A.


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