Madras High Court Awards Family Pension to Second Wife Despite Void Marriage

Court Upholds Nomination by Deceased Employee, Directs Pension Disbursement Within Eight Weeks

In a significant ruling, the Madras High Court has directed the Directorate of Pension to grant family pension to Chellathai, the second wife of a deceased government employee, despite the marriage being void under the Hindu Marriage Act. The judgment was delivered by Justice K. Kumaresh Babu in response to a writ petition filed by Chellathai challenging the denial of pension benefits.

Chellathai, the petitioner, was married to the deceased employee while his first marriage was still subsisting. The first wife, however, had passed away in 2018. Despite the marriage being technically void, the deceased had nominated Chellathai as the sole beneficiary for his family pension benefits. When Chellathai applied for the pension, the Directorate of Pension refused the sanction, demanding a succession certificate.

The court, while acknowledging the void nature of the marriage, emphasized the validity of the nomination made by the deceased. Justice Babu noted that the deceased employee had explicitly named Chellathai as the nominee for pension benefits, and no other person was nominated. The court found this nomination compelling enough to substantiate her claim.

The court quashed the impugned order from the Directorate of Pension and mandated the release of family pension to Chellathai within eight weeks. The judgment underscored the legitimacy of nominations in pension schemes, even in cases where marriages might be deemed void under statutory law.

The decision marks a pivotal interpretation of pension entitlement, focusing on the expressed intent of the deceased rather than the technical legitimacy of marital status under the Hindu Marriage Act.

Bottom Line:

Family pension - Second wife of deceased employee entitled to family pension despite void marriage under Hindu Marriage Act, due to nomination by deceased employee in appropriate forms.

Statutory provision(s): Hindu Marriage Act, 1955

Chellathai v. Joint Director, Directorate of Pension, (Madras) : Law Finder Doc Id # 2812929