Rajasthan High Court Upholds First Wife’s Pension Rights in Landmark Ruling
The Rajasthan High Court has reaffirmed the legal sanctity of the first marriage, declaring that a second marriage conducted without dissolving the first is void. This decision secures the pension rights of Urmila Devi, an 83-year-old woman, as the legally wedded wife of a retired Deputy Chief Inspector. Justice Anoop Kumar Dhand delivered the judgment in the case of Urmila Devi v. State of Rajasthan & Ors.
Case Background
Urmila Devi had sought family pension benefits after her husband's death. Her claim faced opposition because her late husband had nominated another woman, Janak Agarwal, as his wife for pensionary benefits. Despite claiming a "social divorce" from Urmila Devi, no legal divorce was ever obtained, leaving Urmila as the lawful spouse. Judicial proceedings during the husband’s lifetime had also confirmed her legal status, including a favorable ruling under the Domestic Violence Act.
Key Legal Issues
1. Validity of the Second Marriage:
The Court examined whether the second marriage was valid under the Hindu Marriage Act, 1955, in the absence of a legal divorce.
2. Family Pension Entitlement:
It assessed whether the second "wife" and her children could claim pension benefits under the Rajasthan Civil Services (Pension) Rules, 1996.
3. Need for a Succession Certificate:
The Court scrutinized the requirement of a succession certificate for Urmila Devi to access pension benefits.
Court’s Observations
Justice Dhand underscored that under Hindu law, a second marriage during the subsistence of a prior marriage is void. He stated:
"Monogamy is a legal mandate for Hindus. A second marriage, in the absence of a valid divorce, carries no legal rights, including pensionary benefits."
On the issue of the succession certificate, the Court clarified:
"Family pension is not a debt or security under the Indian Succession Act, 1925, and does not require a succession certificate."
Verdict
The High Court ruled in favor of Urmila Devi, recognizing her as the sole legal beneficiary of her late husband’s family pension. The authorities were instructed to release the pension along with arrears and 9% annual interest within two months. However, the Court also acknowledged the rights of the deceased’s children from the second relationship, entitling them to their share of terminal benefits.
This judgment not only upholds the sanctity of legal marriages but also provides clarity on pension entitlements, ensuring justice for lawful spouses.
