Family pension Family pension

1 year ago

My father had two wives. After the death of the father, the first wife was getting family pension, after a few days the first wife died. Now I want to know whether second wife can get family pension? The matter is about the family pension of Uttar Pradesh.hindu person

Anik

Responded 1 year ago

View All Answers
A.According to the legislations, second widow will not have any claim for family pension as second marriage is null and void and she is not holding the status of legally wedded wife.

But in 2020, The Madras high court has observed that family pension cannot be denied to second wife of a pensioner, on the ground of invalid marriage particularly when there has been cohabitation between the two for a long period of time.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 1 year ago

View All Answers
A.Dear Client
As per the Hindu law and current laws second wife is not considered to be the legally wedded wife of the person hence in my opinion the authorities may not agree to pay the family pension to the second wife. Still I would suggest that you get in touch with them and move an application for the same. Depending on what they say you can take legal action if required.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconJob fraud
Dear Client, It appears from the query, that you are trapped by a fraudster company by alluring with fake employment that costs you a sum of Rs.2 lakhs. When you are in receipt of an offer letter issu...
question iconApplicability of Factories Act and Shops & Establishments Act for NGOs in Karnataka
Dear Client, Non-profit organizations/NGOs, even though they may not engage in commercial activities, may still fall within the purview of the Shops and Establishment Act if they provide services or...
question iconCan company enforce non-poaching in case of severance
Dear Client, To ensure benefit, from an employer's perspective, in lateral hiring amongst competitors, non-poaching clauses are often added to agreements. Non-poaching agreements are contracts entered...
question iconFamily pension eligibility
Dear Client, According to sub-rule 6(iii) of Rule 54 of the CCS(Pension) Rules, 1972, and the circular dated 29/04/2011 of the Department of Pension and Pensioner's Welfare, GOI, the family pension...
question iconEPFO claim rejected due to service overlap
Dear Client, Before joining another Company you are required to tender your resignation and to obtain a relieving letter from the earlier company that eventually caused the overlapping of service and...