Family Pension Not Payable To Second-Wife When First Marriage Subsists: Karnataka High Court
Case: SMT. MAHALAKSHMAMMA Vs Mahalakshmamma And The Secretary, Department of Rural Development and Panchayatraj.
Coram: Chief Justice Prasanna B Varale and Justice Krishna S Dixit
Case No.: WRIT APPEAL NO. 256 OF 2023
Court Observation: “Family Pension is payable to the “wife”, and not to those whose marriage is ‘no marriage’ in the eye of law, the limited status of legitimacy of children begotten therefrom, by virtue of Sec.16 1955 Act, notwithstanding.”
“It hardly needs to be stated that amongst Hindus monogamy is not only ideal but a legal prescription and therefore marriage contracted when the first wife is alive, cannot be taken cognizance of by law, subject to all just exceptions into which the argued case of the appellant does not fit. Recognizing such relations arising from second marriage during the subsistence of first one is detrimental to public interest inasmuch as that would facilitate directly or indirectly the employees contracting the second marriage, which is legally impermissible”
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