The Punjab & Haryana High Court has delivered a significant verdict regarding a husband’s pension benefits. The High Court ruled that a man’s second wife has no right to claim a pension as long as his first wife is alive. While deciding a case, the High Court stated that if a deceased employee has a first wife, the second wife cannot be considered his widow, nor does she have the right to claim the pension.
It is worth noting that a division bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor made these observations while dismissing a Letters Patent Appeal (LPA) filed by Priya, a resident of Mohali. The Court observed that under the Central Civil Services (Pension) Rules, 1972, a second marriage is valid only if it is legally recognized. A second wife has no claim to the deceased’s pension while the first wife is alive.
**Details of the case**
Following the death of Major Hari Singh, a resident of Mohali, a dispute arose between his first wife, Mohinder Kaur, and his second wife, Priya, regarding retirement benefits. Consequently, the first wife, Mohinder Kaur, filed a petition in the civil court claiming entitlement to her husband’s retirement benefits. The court initially ruled in her favor, recognizing her as the legal wife. Subsequently, based on evidence regarding the marriage and a will, the court also recognized Priya as a legal wife. This decision was later challenged in the Punjab & Haryana High Court, which ruled in favor of the first wife, Mohinder Kaur. Priya then approached the Supreme Court, but she did not receive relief, and the appeal was dismissed in 2006.
Furthermore, Priya sought a share in the family pension, arguing that even if she was not accorded the status of a wife, she should be granted a portion of the family pension by being recognized as a “co-widow” under Rule 54(7) of the Central Civil Services (Pension) Rules. While ruling on this argument, the High Court stated that this benefit would be available only to women who are legally recognized wives and whose marriages are legally valid. The Court observed that the term “widow” implies a legally wedded wife. The Division Bench noted that a second marriage cannot be contracted while the first wife is alive; rules applicable to government servants prohibit such marriages.
