Bigamy Not Allowed in Hindu Religion; Second Wife Not Entitled to Family Pension: Gauhati High Court
In a recent case, the Gauhati High Court made a significant ruling regarding bigamy and family pension entitlement. The court observed that bigamy is not recognized in Hindu religion, and as a result, a second wife cannot claim a family pension if the first wife is still alive.
The case involved a woman who petitioned the court, claiming that she was the wife of Biren Deka, a man who had worked as a handyman in the Irrigation Department and passed away in August 2016. She argued that she was entitled to his family pension and that she had three children.
However, the claim was contested by the first wife of the deceased, who filed an affidavit asserting her right to the family pension. She argued that, as the first wife, she was legally entitled to the pension. The Irrigation Department’s Standing Counsel and A. Hassan, the Standing Counsel for the AG of Assam, also supported this claim.
After reviewing the case and hearing both parties, the court emphasized that bigamy is prohibited under Hindu law and is considered an offense under the Indian Penal Code. The court also noted that the children of the second wife were adults, and if they had been minors, some relief could have been provided to them.
Given these circumstances, the court dismissed the petition, ruling that a second wife is not entitled to claim a family pension in the presence of the first wife, as per the legal provisions governing Hindu marriages and family pensions.
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