2nd wife in Hindu family not entitled to family pension: Gauhati High Court

STAFF REPORTER

GUWAHATI: The Gauhati High Court has ruled that a second wife of any man in a Hindu family is not entitled to family pension if the first wife is still alive.

The court recently dismissed a writ petition filed by the second wife of a deceased employee of the State's Irrigation Department, seeking a direction for payment of family pension. The petitioner mentioned that she has three children sired by her husband, who died in 2016.

However, the petitioner's claim for family pension was contested by the counsel representing the first wife, who said that it was a misconceived claim because as per law, it is the first wife of the deceased person who is entitled to the family pension. This stand was also echoed by the counsels representing the Irrigation Department and office of the Accountant General, Assam.

The court observed that both the parties are Hindus and "as per the Hindu Marriage Act there is no concept of bigamy and, rather, the same is an offence under the Indian Penal Code and also a ground for divorce."

The petitioner's counsel informed the court that the children of the second wife are now adults and, therefore, though some relief could have been given to the children in case they were minor, that situation also does not exist.

Therefore, the court dismissed the petition seeking payment of family pension to the second wife of the deceased person.

Also Read:   Second wife will get maintenance if duped into marriage: Gauhati High Court

Also Watch: