Second wife entitled to compassionate appointment in government

New Delhi: In a decision that could benefit the second wife of a married man, the Supreme Court on Wednesday held that such women too upon the husband's death are entitled to compassionate appointment in government jobs, as long as the first wife has no objection to it.

Under the Hindu Marriage Act, a man can have only one wife during the subsistence of a marriage as wedding for the second time amounts to crime under Section 494 IPC and Section 17 of the Hindu Marriage Act, inviting punishment up to seven years RI.

"When the two wives have come to an understanding who are you to oppose it? why should you be bothered, if one wife seeks compassionate appointment and another wants the compensatory benefits," a bench of Justice Markandeya Katju and Justice R.M. Lodha asked, while dismissing a Karnataka government's appeal.

Counsel M. Qamaruddin appeared for Lakshmi, the second wife. The apex court rejected the government's argument that under the Hindu Marriage Act, since a man cannot have two wives during the subsistence of the marriage, the so-called second wife cannot claim any right of appointment by merely entering into an agreement with the first wife.

"If you are not a party to the agreement how does it matter, the two wives have reached a settlement," the bench observed. The bench passed the order on an appeal filed by the state challenging a direction of the Karnataka High Court to the government to consider the appointment of Lakshmi, second wife of G. Hanumanthe Gowda, a head constable of the Armed Reserve Police.

In this case Hanumantha Gowda had initially married Anusuya, but even during the subsistence of the marriage, he entered into a wedlock with another woman named Lakshmi. He died on October 12, 1988 resulting in a legal battle for the property, pension benefits and also the question of availing compassionate government job as Gowda was in service when he passed away.

A trial court ruled in favour of Anusuya, but the second wife challenged the decision in the Karnataka High Court. However, during the pendency of the petition, the two women reached a compromise formula under which it was agreed they would share the property left behind by the deceased in equal proportion including pensions benefits.

It was also agreed while Anusuya would take home certain death related compensation money, Lakshmi the second wife would stake claim for a post in the police department on compassionate grounds.

The high court granted seal of its approval to the compromise formula by a judgement dated September 25, 2001 and directed the state to consider the appointment of Lakshmi on compassionate grounds within three months.

Aggrieved, the state appealed in the apex court which dismissed the same with the said observations.

 - www.palaklotiya.blog.co.in