Kheshely Chophy 15 April 2021

The rightful person for the service pension

The wife after delivering the fivrstjc babvx boy, left her matrimonial home taking the baby boy with her. inspite of several requests by her husband to return but the wife did not turned up even after 7 years
The husband married his second wife. The husband being a government servant, applied for the change of nominee to her second wife. But before completion of changing of nominee, the husband expired. Now who is a rightful person, first wife or the second wife
please

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3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 15 April 2021

Hello,

Second marriage during the subsistence of first marriage is not a valid marriage. Second marriage woman cannot claim a pension. The first wife will get a pension.

Pradipta Nath (Advocate) 15 April 2021

Nominee does not by itself gives title or ownership on anything. It is a sort of trust.

Further under Pension rule Family and/or dependents defines separately, please refer that.

Apart, it is too hard to decide as to who is the actual beneficial!

kavksatyanarayana (subregistrar/supdt.(retired)) 15 April 2021

The husband has not divorced his first wife. So his second marriage is not valid and his 2nd wife is not concerned for anything. The first wife and children of the husband are the legal heirs.