The Madhya Pradesh High Court held that the second wife of the husband Uttam Singh Maravi (government employee) is not entitled for the family pension if the person has not divorced to his first wife Rain Kumari or second marriage was done without obtaining the divorce from his first wife.
And not obtained the prior permission from the state government which is mandated under Madhya Pradesh Civil Services (Conduct) Rules 1965.
Justice Vivek Aggarwal passed the ruling while quashing the petition which was filed by the woman who rejected the order which was passed by the police superintendent related to the family pension.
He rejected her claim of getting family pension after the death of his husband.
The petitioner said that his husband is a government employee and he divorced her first wife as they were not living together from past 15 years. So, the first is not entitled to get anything because she does not have any right on his property or body.
Further she says that the as per tribal customs and traditions, she had taken divorce in the year 1998-1999.
Appearing for the State of Madhya Pradesh, Advocate Manas Mani Verma argued that according to the rules of 1965, a government employee is not allowed to marry twice or a government employee is not entitled to maintain two wives.
Justice Aggarwal also said that irrespective of the personal laws, government employees or servant is not entitled to marry twice without obtaining the official permission.
So, no such official permission was taken by the petitioner therefore, her claim of pensionary benefits has no legal sanctity.
Written by- Jyoti student of BA.LLB (2nd semester) at Army Institute of Law, Mohali
0 Comments