Bombay High Court Told : Under What Circumstances The Second Wife Will Entitled To Get Pension?
Bombay High Court Told : Under What Circumstances The Second Wife Will Entitled To Get Pension?
The Bombay High Court told in its judgment on 16th February, 2022 (Wednesday) dismissed the petition of one of the petitioners. Shamal Tate, a resident of Solapur, had filed a petition in the High Court challenging the state government's decision to give the benefit of her deceased husband's pension.
The second wife of a deceased cannot be considered a beneficiary of his pension unless he is legally divorced from his first wife.
Her husband Mahadev, a class IV employee in the Solapur collector's office, had married her while she was already married.
After Mahadev's death in 1996, his two wives agreed that after Mahadev's retirement the first wife would get 90 percent of the benefits, but his pension would be taken by the second wife.
Shamal Tait, on the other hand, said that she had three children from Mahadev, and was considered Mahadev's wife in the society.
Delivering the verdict on a petition filed by him in 2019, a division bench of two high court judges, Justice J.S. Kathawala and Justice Milind Jadhav, upheld the state government's decision.
The High Court, citing several Supreme Court judgments, clearly held that under the Hindu Marriage Act, a man's second marriage to his first wife cannot be considered valid unless her marital relationship is legally terminated. Doesn't happen
The High Court in its decision also upheld the claim of second wife's pension to Mahadev's first wife.
