Legal question Indian Hindu Legal question Indian Hindu

2 months ago

legal question indain hindu" a government employee has two wives. second wife is government employee and first wife is housewife. second wife who is government employee died and husband enjoying the pension of died wife. suddenly husband died, the first wife who is house wife will get pension of her husband or not"

Anik

Responded 2 months ago

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A.Dear Client,

Under Section 17 of the Hindu Marriage Act, 1955, entering into a second marriage without a court order annulling the earlier one is considered bigamy and is deemed illegal and a criminal offense in India. Bigamy is punishable under Section 494 of the Indian Penal Code, which is a non-cognizable offense. Concealing a crime is also an offense. If the criminal act is disclosed before the individuals' death, they may face termination from employment due to a court conviction for moral turpitude. Consequently, in the absence of a court's divorce order annulling the initial marriage, the first wife is entitled to receive a widow's pension for her deceased husband.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Under Section 17 of the Hindu Marriage Act, 1955 remarriage of another woman in the absence of an order of divorce annulling the earlier marriage is termed bigamy and treated as illegal and a criminal offense in India. A case of bigamy is punishable under Section 494 of IPC, which is a non-cognizable offense. Suppression of crime is also a crime. Had the criminal offense been revealed before the death of the persons, they may face termination from the service for conviction by a court for moral turpitude. So, in the absence of the Court's order of divorce annulling the first marriage, the first wife is entitled to get a widow pension for her deceased husband.
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