The Madras High Court has ruled that a second wife cannot claim family pension after the death of the first wife if the second marriage was conducted while the first spouse was still alive. The court said such a marriage is legally void and the second wife cannot be treated as a nominee for pension benefits.The case involved a retired government employee whose second marriage in 1992 occurred during the lifetime of his first wife. A single-judge had earlier allowed the claim, but a division bench overturned it, citing that a second marriage under these circumstances violates government service rules.
The court’s decision upholds that only legally valid spouses are entitled to family pension under existing regulations, setting aside the earlier order in favour of the second wife.