Government employee's second wife from void marriage not entitled to family pension: Madras High Court

The Madras High Court held that the second wife of a retired government employee is not entitled to his family pension since her marriage was legally void for being contracted while the first wife was still alive. [Accountant General of Tamil Nadu v. M Radhakrishnan & Arn.].A Division Bench of Justice SM Subramaniam and Justice C Kumarappan clarified that the first wife’s subsequent death would not mean that second wife can avail pension."The second marriage was solemnised during the life time of the first wife. Death of the first wife would not provide a ground to claim family pension by the second wife, since the second marriage is void," the Court said in its order of January 27. .The Court was hearing an appeal filed by the Accountant General of Tamil Nadu after a single-judge of the High Court had allowed the second wife to be included as a nominee for the family pension in the Pension Payment Order.The case involved a Block Development Officer who retired in 2007. While his first wife was still alive, he had married a second time in 1992. After retiring, he sought to have both wives included as nominees for his family pension. However, the Accountant General rejected the application in 2009, stating that the second marriage was legally void. Following this, the second wife filed a petition, which was allowed by a single-judge in 2021..However, the Division Bench overturned the single-judge’s decision, The Court referred to the provisions of Tamil Nadu Pension Rules, 1978 (rules governing pension entitlements for state employees) and the Tamil Nadu Government Servants Conduct Rules, 1973 (rules regulating the behavior and duties of government employees) to highlight that pension and family pension are welfare benefits granted strictly as per legal eligibility.The bench noted that Rule 49 of the Pension Rules defines family pension eligibility while the Conduct Rules prohibit a government servant from marrying another person while a spouse is living.The Court further pointed out that contracting a second marriage during the lifetime of the first spouse constitutes misconduct.“Contracting second marriage during the lifetime of the first spouse is a misconduct warranting departmental proceedings, which is considered as grave misconduct, under the Conduct Rules,” the order said..The cCurt also referred to earlier Supreme Court and High Court precedents which held that only legally valid marriages confer pension rights. It found that in this case, the facts were clear and undisputed, with the second marriage having been solemnised while the first wife was still alive, rendering it null and void.Consequently, the High Court set aside the single-judge order and allowed the appeal filed by the Accountant General..Advocates V Kanchana and V Vijayashankar appeared for the Accountant General (Appellant). Additional Government Pleader (AGP) S Suriya appeared the State while advocate K Sanjay appeared for the pensioner. [Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.