In case: Smt. Batasiya Maravi v. State of Madhya Pradesh WP 6948/2023
It is held by the Madhya Pradesh High Court that a government employee’s second wife is not entitled to a family pension if that second marriage was done without acquiring divorce from the first wife and without acquiring prior authorization from the Government of State as ordered under Madhya Pradesh Civil Services Rule 1965.
Justice Vivek Agrawal has dismissed the petition filed by a woman demanding the order held by theSuperintendent of Police rejecting her claim to get a family pension post her husband’s death.
It is asserted by the petitioner that her late husband has divorced her first wife in 1998-99 as per customs and traditions and also sworn an afdavit for the same. She also said that for the last 15 years, her husband and his first wife had been staying separately and therefore had no claim over his body or property.
On the behalf of State it has been argued that according to the Rule of 1965, a government employee is not entitled to maintain two wives. The respondent also said that the afdavit sworn by the petitioner is not a proof of a divorce from the first wife.
Justice Vivek Agrawal admitted that notwithstanding personal laws, no government employees areallowed to remarry without getting divorced from the first wife.
The court further mentioned that no such permission was taken by the petitioner, therefore had no legal sanctity to claim pensionary benefts.
The petitioner had no proof to show that her husband i.e Uttam Singh Maravi had divorced her first wife i.e Rain Kumari. The name which was written in the affidavit was Renu Kumari whereas, in the offical record, her name is Rain Kumari. Therefore the court stated that the authenticity of the affidavit is also under suspicion.
Justice Vivek Agrawal said that ” It is a speaking order giving reasons for denial of family pension to thepetitioner, who claims to be a second wife.”
Name: Varsha Sukhwal,College: Parul University,Semester : 4th Semester (BALLB)
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