Second wife entitled to family pension where customary second marriage is allowed: HC

The Nagpur bench of the Bombay high court (HC) on Wednesday held that the second wife is entitled to the family pension if the second marriage was permitted by the

The Nagpur bench of the Bombay high court (HC) on Wednesday held that the second wife is entitled to the family pension if the second marriage was permitted by the customs of the deceased employee.

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A division bench of justice AS Chandurkar and justice Vinay Joshi dismissed an appeal filed by the divisional manager of South East Central Railway, challenging a July 18, 2016 order of the Nagpur camp of the Central Administrative Tribunal (CAT).

CAT had directed the railways to release the family pension to one Ganeshibai, widow of Ghasiram Gondor, who had served in South East Central Railway as a gangman.

Ghasiram retired on June 30, 2001. His first wife, Sunderabai, died in August 2002 and a year later the former railway employee passed away.

After Ghasiram’s death, Ganeshibai claimed the family pension in the capacity of the legally wedded wife of the ex-gangman. She moved CAT after the railway administration rejected her claim in March 2006 on the grounds that she was not entitled to the family pension since she was the second wife of Ghasiram, whose marriage took place while his first wife Sunderabai was still alive.

CAT, however, accepted her claim and directed the railways to release her pension. The divisional railway manager then moved the HC challenging the CAT order on the ground that the Railway Service Pension Rules, 1993 do not allow any employee to have a second marriage and since Ghasiram had married Ganeshibai without his employer’s permission, she was not entitled to the family pension.

The HC, however, rejected the railway’s appeal. The court noted that Rule 75 [7][i][a] of the 1993 Rules stipulates releasing pension to more widows than one, and lays down that where a deceased employee has more than one widow, the pension should be shared equally.

“Though Rule 21 of 1966 Rules mandates to take prior permission for a second marriage, not obtaining such permission would not change the status of said marriage,” said the bench.

The comment came in view of the fact that both, Ghasiram and Ganeshibai belonged to the Gond community, a scheduled tribe to which provisions of the Hindu Marriage Act are not applicable.

“The personal law applicable to them permits customary second marriage,” said the bench.

The court held that the marriage was not void, and therefore, the second wife Ganeshibai, can be termed as the widow of Ghasiram, deceased railway employee, and in view of Rule 75, she is entitled to the family pension.