Family Pension

Second Wife not Linked to the Family Pension: Landmark Judgment

The case is between Nanbai Rathore and Meena Bai of Chhattisgarh High Court on November 5. A division bench of Chief Justice Sanjay Kumar Aggarwal said that the second wife of the deceased employee of the State Electricity Generation Company Limited (CSPGCL) is not entitled to a Family Pension.

The bench said that Nanbai Rathore is the lawfully wedded wife of the deceased Jairam Prasad Rathore, and Jairam Prasad married Meena Bai during the subsistence of her first marriage, the marriage is invalid under the Hindu Marriage Act, hence the court shall not allow this marriage legal. They consider it void, and cannot legally be considered a wife. Only a widow or a divorcee can marry. Nanbai is the legal wife of the deceased Rathore, so she will be entitled to a family pension.

In the first appeal, the court said that it is a violation of law to have a second marriage even after the deceased’s first wife. And furthermore, She is not entitled to a family pension. The High Court has said that the court’s decision and the primary appeal have been set aside. And this option of the court is restored by it.

In June 2009, Jairam Prasad Rathore, a resident of Korba district, died while working as an observer in Chhattisgarh State Power Generation Company Limited (CSPGCL). Nanbai Rathore is the first wife of the deceased, while Meena Bai died during the pendency of the second appeal. Nanbai was married to Jairam Prasad Rathore on 15 May 1978.

The dispute between Nanbai and Meena Bai, except for the pension, arose over all the retired dues, which was amicably settled by agreement between the two. Where both wives were entitled to half of Rathore’s retired dues.

The following are the major observations made in the unanimous decision. For more legal decisions in India…

file:///C:/Users/dell/Downloads/Nanbai%20Rathore.pdf

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