Friday, July 30, 2010

Second wife's kids can claim pension share [India]

MUMBAI: In a case where the Bombay HC dismissed the petition filed by a second wife to claim pension of her dead husband, advocate S S Pakale, representing the government, also pointed out that the department of pension and pensioners' welfare had made it clear through one of its directives in 1987 that the second wife would not be entitled to family pension as a legally wedded spouse.

The court agreed with the government's stand on the legal position of a second wife. The judges also referred to the SC's decision of 2000 in the Rameshwari Devi versus State of Bihar case.
In that instance, the SC had held that while minor children from a second marriage could claim a share of the family pension till they turned adults, the second wife was not entitled to it.
The court also observed that Leelabai had failed to prove that she was married to Bhegade, as he had not nominated her to receive the pension. Moreover, Leelabai had applied for the pension only after his first wife had died. This created doubts about her claims, the court said.

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