Introduction
The Kerala High Court has reaffirmed that while a second wife in a void marriage is not entitled to the service or pensionary benefits of a deceased government employee, the children born from such a relationship are legitimate under the Hindu Marriage Act, 1955 and are entitled to an equal share in the employee’s death-cum-retirement benefits and family pension until they attain majority. Justice Shoba Annamma Eapen delivered the judgment while deciding a dispute concerning the terminal benefits of a deceased KSRTC employee.
Legal Issue
The primary issue before the Court was whether a woman claiming to be the second wife of a deceased government employee could claim his service and pensionary benefits, and whether the children born from the second relationship were entitled to such benefits under the law.
Background
The dispute arose after both the deceased employee’s legally wedded wife and a woman claiming to be his second wife sought release of his terminal benefits. KSRTC informed the Court that since rival claims had been received, it had directed the parties to produce a succession certificate. As none was produced, the Corporation withheld the benefits.
The woman claiming to be the second wife relied on the fact that she had been nominated in the deceased’s LIC policies to support her claim. The legally wedded wife, however, relied on the Supreme Court’s decision in Rameshwari Devi v. State of Bihar, which held that a second marriage contracted during the subsistence of a valid first marriage is void and the second wife cannot be treated as the widow of the deceased employee.
The legal heirship certificate placed before the Court showed that the first wife was the legally wedded spouse and that the children born from the second relationship were also recognised as legal heirs.
Court’s Decision
The Court found that there was no dispute regarding the validity of the first marriage and no evidence to establish the legality of the alleged second marriage. Since the first marriage was subsisting, the second marriage was void under the Hindu Marriage Act.
However, relying on Section 16 of the Hindu Marriage Act, 1955, the Court reiterated that children born from a void marriage are legitimate. It held that although the second wife is not entitled to family pension or retirement benefits, the children born from the second relationship are entitled to an equal share in the deceased employee’s death-cum-retirement benefits and family pension until they attain majority.
Accordingly, the Court directed KSRTC to disburse the death-cum-retirement gratuity, retirement benefits, and family pension among all the legal heirs in accordance with law.
The Court also directed KSRTC to consider the deceased employee’s son’s application for compassionate appointment within three months. It clarified that if he chose not to seek appointment, the children from the second relationship would be at liberty to apply, subject to eligibility under the applicable scheme.
Case: Vasantha K and Another v. Kerala State Road Transport Corporation and Others
