Patna HC Denies Retiral Benefits To Second Wife Whose Husband Performed Second Marriage During Subsistence Of First Marriage, Without Permission From Govt

The Patna High Court observed that the second wife of the deceased government employee would not be entitled to receive the pension benefits if the employee solemnized a second marriage during the substance of the first marriage and without due authorization from the government. The Court said that only the first wife is entitled to receive the pension benefits.

Instead of the petitioner, the retiral benefits were ordered to be paid in favour of the first wife. The claim of the petitioner was rejected because the second marriage was solemnized without the government's permission and the first marriage was in subsistence.

The government resolution dated 06.09.1996 prohibits the grant of family pension to the second wife, whose marriage is solemnized during the lifetime and the subsistence of the first marriage.

The bench comprising Justice Harish Kumar heard the case where the petitioner-second wife was aggrieved by the rejection of the petitioner's claim for final pension, gratuity, and other benefits after the death of her husband-employee who worked as Sharmik in the regular establishment in the Bihar Agriculture University, Sabour, Bhagalpur.

Finding no merit in the petitioner's claim, the bench observed as follows:

“Having heard the rival contention of the learned Advocate for the parties and taking note of the Government Resolution dated 06.09.1996, which clearly mandate the Government employees to take prior permission for the purposes of second marriage. However, it is the admitted fact that the same has never been done. It is also the admitted position that the petitioner is the second wife, in view thereof this Court does not find any merit in the present writ petition and, accordingly, the same stands dismissed.”

Case Title: Baby Devi Vs. The State of Bihar and Ors., Civil Writ Jurisdiction Case No.10918 of 2024

LL Citation: 2024 LiveLaw (Pat) 71

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