A child born out of an illegitimate relationship is entitled to be nominated for receiving his/her father’s terminal benefits, the Madras High Court (Madurai Bench) has reiterated citing judicial precedents.
Justice S Vaidyanathan gave the ruling while hearing a petition from a legal wife seeking to declare her as thenominee to receive the terminal benefits of a Sub Inspector of Police, who had fathered two children through a live-in relationship with another woman.
The petitioner C Angaiyarkanni, a resident of Mannargudi, had married Sub Inspector Chandrasekaran in 1977 and bore three children, which died after birth. Subsequently, the couple was estranged and a family court had directed Chandrasekaran to a pay a monthly maintenance to his legal wife.
Angaiyarkanni alleged her husband was in an adulterous relationship with one Kalaiselvi with whom he fathered two boys. On learning her husband’s plan to nominate Kalaiselvi as the legal heir to receive his terminal benefits, family pension and emoluments, she filed the petition to incorporate only her name as the legal heir.
TN Pension Rules
However, citing judgments recently passed by the Supreme Court, Justice Vaidyanathan ruled even illegitimate children were entitled to recieve benefits of their father as per Rule 45(5) of Tamil Nadu Pension Rules. Accordingly, the Justice’s direction called for the inclusion of Angaiyarkanni as a legal heir, with the name of the two children born from Chandrasekaran’s relationship with Kalaiselvi.