CHENNAI: The law is always in favour of legitimacy and frowns upon illegitimacy. The rule makers made it clear, for instance, that when contracting a marriage in the presence of a previous one, it is termed as misconduct.
Therefore, the Tamil Nadu Pension Rules forbids a government servant to marry a second time while the first marriage continues to be valid.
The death of the first wife after the second marriage cannot legalize the second marriage, the Madurai Bench of Madras High Court has ruled.
Justice Pushpa Sathyanayana gave the ruling after finding no error in the order of a lower court declining family pension to the second wife.
The judge was dismissing a petition from V Bakiyam, who challenged an order of the Principal Accountant General, Chennai rejecting her request for family pension.
The judge said the petitioner was claiming to be the wife of SM Velu, a forest guard, who died on July 10, 2013. He was married to one Muniyammal and had two children.
Even while Muniyammal was alive, Bakiyam claimed to have married Velu in June 1978. It was also stated that the first wife had consented to the marriage.
Therefore, it was clear and admitted that the marriage of the petitioner with Velu was bigamous.
Though from the said wedlock, three children were born to the petitioner, that marriage was void as it was done while the first marriage remained valid.
After the death of her husband, the petitioner had made a representation to the authorities claiming family pension, which was rejected.
The judge said it was claimed by the petitioner that she was living with Velu as husband and wife.
In fact, the deceased had declared the petitioner as his wife in the nomination column, which was now being taken advantage of by her, the court found.
No doubt, the concept of family pension was to enable them to live a decent life even after the life time of the pensioner. However, it was intended only for the legally wedded wife, the judge added.
The judge said the explanation to Rule 49 (7) (a) (i) of the TN Pension Rules was very clear that the second wife would be eligible for family pension, if the second marriage was solemnized as per customary law prevailing among community before the date of commencement of the Hindu Marriage Act.
“Death of the first wife after the second marriage cannot legalize the second marriage. Therefore, no error can be found with the order declining family pension to the petitioner,” the judge added and dismissed the petition.
Grounds of the claim
Petitioner was claiming to be the wife of SM Velu, a forest guard who died on July 10, 2013. He was married to one Muniyammal, Even while Muniyammal was alive, Bakiyam claimed to have married Velu in June 1978.
