AP Civil Services Rules | Govt Employee's Second Wife Not Entitled To His Death Benefits If Govt Permission Not Sought Before Marriage: Telangana HC

The Telangana High Court has held that a second wife is not entitled to the death emoluments of her deceased husband, who worked as a government employee if the husband had not sought the permission of the Government before performing second marriage.

"There is no document on record to show whether the deceased obtained any permission from the Government before performing second marriage. No doubt, a Muslim man can marry four wives at a time. But, as per the service rules, as the deceased was a Government employee, he has to obtain permission from the Government before performing second marriage."

Justice P. Sree Sudha was hearing a Second appeal filed against the concurrent judgments passed by the Trial Court and the Agent To Government wherein it was held that the appellant having given Khula (divorce initiated by the wife) to her husband was not entitled to any future benefits as per Muslim law. Thereby awarded the pension benefits to the second and lawfully wedded wife.

Justice Sudha has further held that as per Muslim law, when a wife gives Khula to her husband, she forfeits the right to future maintenance and benefits and thus, the first wife, who had given Khula to her husband in the instant case was also not entitled to any pension benefits.

"As already pointed out that defendant No.1 voluntarily gave ‘Khulanama’ to the deceased, she is also not entitled for the death emoluments or benefits."

It was undisputed that Md. Jaleel Ahmed had married the appellant and had two children from their marriage. Subsequently, the appellant gave him Khula, after which Jaleel Ahmed married his second wife, and had two more kids from his second marriage.

After the demise of Jaleel Ahmed, his second wife applied for the death benefits of her deceased husband, which was objected to by the appellant on the ground that, the deceased being a government employee ought to have sought permission from the Government as per the Revised Pension Rules, 1980, before entering into a second marriage.

Both the lower Courts held that since the appellant herein had issued Khula, she had no right over the death benefits, and awarded the benefits in favour of the second wife.

Justice Sudha observed that neither the first nor the second wife was entitled to claim the death benefits. The first wife on account of giving Khula, and the second on account of inadmissibility due to absence of prior sanction from the Government.

"Plaintiff No.1 (second wife) has not filed any document to show that the deceased obtained permission from the Government before performing marriage with her and as such she cannot be identified as a legally wedded wife of the deceased and she is not entitled for the death benefits, if any."

While modifying the orders passed by both the Court below, the High Court noted that the deceased had heirs from both his marriages, as such only they were legally entitled to benefits.

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