Gauhati High Court: Second Wife Not Entitled to Family Pension in Presence of First Wife
The Gauhati High Court recently ruled that bigamy is not recognized in Hindu religion, and thus, the second wife is not entitled to family pension if the first wife is still alive.
Justice Sanjay Kumar Medhi made this observation while addressing a case where the petitioner, claiming to be the wife of Biren Deka, sought a family pension. She argued that her husband, who worked in the Irrigation Department as a handyman, passed away in August 2016, entitling her to the family pension. She also mentioned that she has three children.
However, the claim was contested by the respondents, including respondent no. 6, who asserted that she was the first wife of the deceased and therefore legally entitled to the family pension. This position was supported by the Standing Counsel of the Irrigation Department and A. Hassan, the Standing Counsel, AG, Assam.
After reviewing the evidence and hearing both parties, the court noted that bigamy is not recognized under the Hindu Marriage Act and is considered an offense under the Indian Penal Code. The court also observed that the children of the second wife are adults, and had they been minors, some relief might have been possible.
Given these circumstances, the court dismissed the petition, reaffirming that as Hindus, the second wife is not entitled to the family pension if the first wife is alive.
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