'Children of second wife not eligible for job on compassionate grounds' - The New Indian Express

'Children of second wife not eligible for job on compassionate grounds'

Published: 30th August 2013 09:45 AM

Last Updated: 30th August 2013 09:45 AM

The Karnataka High Court on Thursday, upheld the Karnataka Power Transmission Corporation Limited’s (KPTCL) decision of rejecting the application of one K Mahesha seeking job on compassionate ground stating that he is the son of the second wife of a company employee.

A division Bench of Justice N Kumar and Justice Suri Appa Rao upheld the single bench order by Justice Ram Mohan Reddy, which stated that appointment on compassionate ground cannot be given to the son or daughter of the second wife even if the first wife does not object to it.

The Bench observed that if an employee takes a second wife during the lifetime of the first wife, the children through the second wife cannot be considered as dependent members of the family for the purpose of considering them for appointment on compassionate grounds. The second marriage, when the spouse is living is held to be void under Section 5 (1) of the Hindu Marriage Act, 1955. The legitimacy of the children of void marriages , as provided under the Act, is only for the purpose of claiming rights in or to the property of the parties, it said.

Petitioner Mahesha, a native of Nagamangala taluk in Mandya district, submitted that his father Kalegowda, a KPTCL lineman, died in 2004. According to him, his father married one Nanjamma, who did not beget children and therefore, he married  Huchchamma, to whom the petitioner, amongst other children, were born. After the death of his father, he filed an application seeking a job on compassionate grounds.

Mahesha stated that his father’s first wife and his other siblings had come to a compromise and had no objection to him applying for a compassionate appointment. But the KPTCL, after examining the claim, observed that he, being a son of the second wife, not being a legally wedded wife’s son, declined to grant  appointment on compassionate ground on 2009.

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