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Second Wife not eligible for Pension if marriage invalid!
By: Tupaki Desk | 17 Feb 2022 7:30 PM IST
In a landmark verdict, the High Court of Bombay had made it clear that a second wife cannot get the benefits like pension of her husband if their marriage is not valid legally.
The verdict was given by a division bench that heard the petition that was filed by a petitioner.
Going into detail, one Shamal Tate, who happens to be the second wife of Mahadeo, who used to work in the collector office as a peon had knocked on the doors of the Bombay High Court against the orders issued by the Maharashtra government.
As her husband's first wife also died later, the petitioner had applied for the pension benefits of her husband.
Knowing that the petitioner is the second wife of the employee, the Maharashtra government denied her request.
With no option left, she had approached the Bombay High Court. Hearing her petition, the division bench of the court comprising Justices S J Kathawalla and Milind Jadhav said that the petition cannot be entertained as she has no right to get the benefits.
While dismissing the petition, the bench had said that if the second marriage is not legally valid, she cannot get the benefits. The marriage is not valid legally hence she is not eligible to get such benefits, the bench said.
The verdict was given by a division bench that heard the petition that was filed by a petitioner.
Going into detail, one Shamal Tate, who happens to be the second wife of Mahadeo, who used to work in the collector office as a peon had knocked on the doors of the Bombay High Court against the orders issued by the Maharashtra government.
As her husband's first wife also died later, the petitioner had applied for the pension benefits of her husband.
Knowing that the petitioner is the second wife of the employee, the Maharashtra government denied her request.
With no option left, she had approached the Bombay High Court. Hearing her petition, the division bench of the court comprising Justices S J Kathawalla and Milind Jadhav said that the petition cannot be entertained as she has no right to get the benefits.
While dismissing the petition, the bench had said that if the second marriage is not legally valid, she cannot get the benefits. The marriage is not valid legally hence she is not eligible to get such benefits, the bench said.