Second wife has no claim on family pension: High Court

MUMBAI: It's not just society that
looks down on a second marriage. In tune with the laws of the land, the Bombay
High Court, too, has frowned on such relationships.

In an important
judgment, a division bench of the court recently held that a second wife has no
claim over the family pension of a government employee.

The bench of
Justices Ranjana Desai and Roshan Dalvi dismissed a petition filed by a Pune
resident who had laid claim to the family pension of her "husband" after his
death.

The petition was filed by Leelabai Bhegade, who claimed to be
the second wife of Vithal Bhegade. Bhegade, who had retired from the Pune
Ordnance Factory in 1983, died in 2000, followed by his first wife Laxmi in
2002.

Leelabai then applied for the family pension. The government
rejected her plea. The Central Administrative Tribunal, too, dismissed her
application and she approached the high court.

Advocate J M Tanpure
contended that the ration card, as well as electoral rolls, showed Leelabai as
Bhegade's second wife.

Advocate S S Pakale, representing the Union
government, cited a series of laws as well as provisions against bigamy. Most
important was the Hindu Marriage Act enacted in 1955.

Section 11 of
the Act says a second marriage by a Hindu man during the lifetime of his first
wife will be deemed null and void. Further, Rule 21 of the Central Civil Service
(Conduct) Rules bars a government employee from entering into a second marriage
when his or her spouse is still alive.

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Source:www.timesofindia.com