Introduction
The Madras High Court has ruled that a second wife can receive a deceased government employee’s family pension, even if the second marriage was void. The judgment hinges on the fact that the deceased had formally nominated the second wife for pension benefits. The decision underscores that nomination and factual co-habitation may outweigh the technical invalidity of the second marriage.
Facts of the Case
A woman filed a writ petition after the pension authorities denied her claim to family pension. She had married the deceased employee while his first marriage was still legally subsisting. That made the second marriage void under law. Nonetheless, the deceased had named only the second wife as the nominee for his death-cum-gratuity and family pension. The first wife had deserted him earlier, and the second wife had been living with him and caring for all children, from both marriages. Despite this, the pension department refused to grant her family pension.
What the Court Says
The Madras High Court, through Justice K. Kumaresh Babu, accepted the second wife’s plea. The court noted that strictly speaking, the second marriage was void. But it emphasized that the deceased had explicitly nominated her, and no other nominee existed for family pension. The court held that this nomination, combined with the second wife’s co-habitation and family-care role, justified granting the pension. The bench quashed the denial order and directed the authorities to release family pension to Chellathai within eight weeks.
For any specific query call at +91 – 8569843472
Implications
This ruling may shift how pension disputes involving void second marriages are handled. The judgment shows that a valid nomination can override the doctrine that a second wife (from a void marriage) cannot claim pension. It may open a window for other second spouses in similar factual situations to claim pension, even if their marriages were technically invalid. The case also signals that courts may prioritize equity and the deceased’s expressed wish over strict legal formalities, particularly where the second spouse has played a genuine family role.
