Supreme Court issues notice on pensionary claim of 2nd wife of deceased official

NEW DELHI: Can a second wife claim pensionary benefit after demise of first wife of a deceased govt official? Agreeing to examine the issue, Supreme Court has issued notice to Centre on the plea of a woman who was denied such pension.

A bench of Justices Aravind Kumar and Prasanna B Varale asked Centre to file its response within six weeks. The petitioner moved apex court after her plea was rejected by Himachal Pradesh High Court. Advocate Anand Varma, appearing for her, contended that HC had turned down the plea despite her placing before it Legal Heir Certificate issued by District Magistrate of Chamba, with authenticity of the document never being disputed.

"The impugned order is incorrect in not considering that when the petitioner sought her share of family pension, she was the sole surviving spouse of the deceased pensioner. It is also submitted herein that even the first wife was never awarded the pensionary benefits of the deceased pensioner. The impugned order has failed to appreciate the fact that she sought her rightful share in pension of the deceased only after demise of the first wife. It is submitted herein that she was never in dispute with the first wife for the pension of the deceased husband," the petition said.

HC had rejected her claim saying that as the second marriage was solemnised during subsistence of first marriage, the relief claimed by her could not be allowed. It had said that a second wife (widow) could be granted family pension only in those cases where more than one marriage is permissible under applicable personal laws of a deceased employee and not otherwise.

Challenging the HC order, the petition said that apex court, in various verdicts, had held that where a man and woman lived together as man and wife, then the law shall presume, unless the contrary is clearly proved, that they were doing so in consequence of a valid marriage. "Where the partners lived together for a long spell as husband and wife, a presumption would arise in favour of a valid wedlock," it said.

In its brief order, court asked for notice to be issued on the application seeking condonation of delay in filing the petition as well as on the petition.
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