Widow out of void marriage is not entitled to be granted Family Pension

In the present case, the deceased was in the service of the Police Department. During the subsistence of his first marriage, he married the applicant. A daughter was born of the said marriage. On the death of the deceased, a claim for a family pension was made by the applicant and her daughter on one hand and first wife and children on another hand.

In case the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full to her. However, since the applicant did not have a status of a wife of the deceased and that of his widow on his demise and, therefore, not entitled to inherit any of the estate/ property including retiral benefits of the deceased.

Since the day of the applicant’s marriage till the deceased breathed his last, the applicant had all along been residing with him. Marriage of the applicant with the deceased was void because of Section 5 of Hindu Marriage Act and would not have the status of a wife (widow) of the deceased, the applicant would not be entitled to family pension.

Appearing counsel/s : Shri A.D. Ostwal, Shri K.D. Jadhav, Shri Y.G. Gujarathi, Shri S.N. Janakwade