The petitioner, a second wife, sought family pension after her husband's death, admitting the marriage occurred while the first wife was alive. The court dismissed the petition, holding the marriage null and void, thus denying pension entitlement under relevant rules.
Petition dismissed; no order as to costs.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.02.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.1 of 2013
Rajeswari
... Petitioner
-vs-
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second respondent to disburse the family pension payable towards the death of the petitioner's husband Pavunraj with effect from 27.03.2012 with interest.
For Petitioner : Mr.T.Lenin Kumar For R1 : Mrs.V.P.M.Vaishnavi, Government Advocate For R2 : Mr.P.Gunasekaran
O R D E R
The relief sought for in this writ petition is for a direction to direct the second respondent to disburse the family pension payable towards the death of the petitioner's husband Pavunraj with https://hcservices.ecourts.gov.in/hcservices/ effect from 27.03.2012 with interest.
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2.The learned counsel appearing on behalf of the petitioner states that the writ petitioner married the deceased Government employee Late.Shri.Pavunraj on 30.11.1971 as per the Hindu Rites and Customs. The writ petitioner admits that her husband married her as a second wife. The first wife of the deceased employee one Smt.Shanmugathai is none other than the sister of the writ petitioner. The writ petitioner married the deceased employee as second wife only to take care of her sister Shanmugathai. Since the first wife of the deceased employee was suffering from Cancer. The sister of the writ petitioner and the wife of the deceased employee Shanmugathai died on 01.06.1993. In these circumstances, the Principal Accountant General, vide letter, dated 07.02.2001 stated that the second marriage is illegal as per the Hindu Marriage Act, since the first wife of the deceased was alive at the time of marriage of the writ petitioner with the deceased employee.
4.Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs.
Sd/Assistant Registrar (RTI)
/True Copy/
Sub Assistant Registrar
To
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W.P.(MD) No.1 of 2013 26.02.2018
2 issues framed by the court
Whether the petitioner, being a second wife married while the deceased employee's first wife was alive, is entitled to family pension under Tamil Nadu Pension Rules.
Whether the impugned order not disbursing the family pension is sustainable in law.
Rajeswari
The State of Tamil Nadu, Rep. By its Secretary to Government, Finance (Pension) Department
The Principal Accountant General (Accounts & Entitlements)
The Additional Assistant Elementary Educational Officer, Palani Rural
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
