Army must pay pension to 2nd wife if 1st relinquishes her right: HC

CHANDIGARH: The Punjab and Haryana high court has clarified that once the former wife of a soldier has suffered a statement before the court relinquishing her right in favour of the second wife, the army authorities are required to pay the benefits to the second wife according to her entitlement.

HC was of the view in such a situation, the authorities cannot insist on the proof of divorce by the late soldier to his first wife, who is voluntarily making statements in favour of her former husband’s second wife.

Justice Anil Khsetarpal of the HC has passed the order while dismissing the appeal filed by record officer of Top Khana Abhilekh (artillery record office of Indian Army), Nashik, Maharashtra.

The dispute before the HC was with regard to entitlement to the pensionary benefits of Gunner

Mohinder Singh

, a retired soldier of artillery regiment and now deceased. He was native of

Ambala district

in Haryana.

His wife Daljit Kaur had claimed the pensionary benefits for being the widow of Mohinder Singh.

The army authorities, however, were insisting that according to the records, Mohinder Singh was married to one Bant Kaur and pensionary benefits cannot be granted to Daljit Kaur.

However, during the hearing of the matter at a lower court Ambala, Mohinder Singh’s first wife Bant Kaur made a statement that she was married to Mohinder Singh in 1960 and a daughter was born. It was further stated that she was left by Mohinder Singh in 1964 after which she remarried

Kartar Singh

. She also made a statement that she has no objection if the pensionary benefits are released in favour of Daljit Kaur exclusively.

On the basis of her statement, the lower court asked the army authorities to pay benefits to Mohinder’s second wife Daljit Kaur. Aggrieved to these orders, record officer Top Khana Abhilekh (artillery record) filed an appeal before the HC.

During the hearing of the case, the HC observed that Mohinder Singh got married with Daljit Kaur and the couple was blessed with four children.

However, the army authorities insisted that the benefit of pension cannot be granted to Daljit Kaur because Bant Kaur was never legally divorced Mohinder Singh.

Hearing all the parties, the HC observed that once Bant Kaur herself has given up her right, the appellants are required to pay the amount of pensionary benefits to Daljit Kaur who is the widow of late Mohinder Singh, once Bant Kaur has appeared in court and suffered a statement relinquishing her right in favour of the other widow. “Therefore, this court does not find any error in the judgment passed by the lower court,” held the HC.