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Sunday, May 19, 2024

Govt employee’s second wife not entitled to family pension: HC

The second wife of a government employee is not entitled to family pension if the marriage was solemnised without getting a divorce from the first marriage, the Madhya Pradesh High Court (HC) has ruled in the Batasiya Maravi versus the state of Madhya Pradesh case.

The court also conceded the fact that under state government rules, no government official in Madhya Pradesh is entitled to marry for the second time without first getting an official permission even if his personal law grants him the permission to do so.

The Madhya Pradesh Civil Services (Conduct) Rules, 1965, says government servants in the state are not entitled to maintain two wives.

The HC order can while reject a petition in which the second wife of late policeman has challenged an order passed by the superintendent of police rejecting her claim to family pension after the demise of her husband.

While dismissing her plea, the HC also reiterated the fact that a notary is not a proof of divorce as submitted by the women in her application.

“The petitioner’s claim as the second wife has no legal sanctity in as much as there is no documentary evidence on record to show that the deceased had divorced his first wife,” said the HC in its order dated March 29, 2023.

“When the whole situation is examined in the light of the Conduct Rules of 1965, the petitioner’s contention that she is the second wife, and is entitled to family pension, is not made out because contracting second marriage itself is a misconduct,” it added.

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