Judgment Clarifies Entitlements Under Hindu Marriage Act and Dying-in-Harness Scheme
In a landmark judgment delivered by the Kerala High Court, Justice Shoba Annamma Eapen addressed the complex issues surrounding the distribution of terminal benefits and family pensions of a deceased employee, late Velayudhan C., who was employed with the Kerala State Road Transport Corporation (KSRTC). The judgment, dated 23rd June 2026, provides clarity on the legitimacy of children born from void marriages and their entitlements, as well as the application of the dying-in-harness scheme for employment assistance.
The petitioners, Vasantha K and her son, approached the court seeking the disbursement of service benefits and employment under the dying-in-harness scheme following the death of Velayudhan C. The legal complexities arose from competing claims made by the sixth respondent, alleged to be Velayudhan’s second wife, and her children.
The court reaffirmed the legal position under Section 16 of the Hindu Marriage Act, 1955, which legitimizes children born from void marriages—marriages conducted while a prior marriage subsists. The judgment stated that these children are entitled to share in family pension and death-cum-retirement gratuity, whereas the second wife, due to the void status of her marriage, is not entitled to such benefits.
The court directed that terminal benefits should be disbursed to the legal heirs as detailed in the legal heirship certificate issued by the Tahsildar, Kozhikode. It further mandated KSRTC to consider the employment application of the second petitioner under the dying-in-harness scheme, a provision allowing employment to dependents of deceased employees, thereby securing their livelihood.
The judgment also noted that disputes surrounding legal heirship should not impede the consideration of applications under the dying-in-harness scheme. The court allowed the children of the sixth respondent to apply for employment under the scheme if eligible, emphasizing the scheme's intent to provide support to the deceased employee's dependents.
This decision brings much-needed clarity to the application of succession laws concerning terminal benefits and highlights the protections offered to legitimate children under the Hindu Marriage Act. The ruling is expected to guide similar cases where the legitimacy of children from void marriages is contested, ensuring their rights are upheld.
Bottom line:-
Terminal benefits and family pension of a deceased employee shall be distributed among the legal heirs as per succession laws. A second wife, whose marriage occurred during the subsistence of the first marriage, is not entitled to such benefits, but children from such void marriage are entitled to benefits until they attain majority.
Statutory provision(s): Hindu Marriage Act, 1955 Section 16
Vasantha K v. Kerala State Road Transport Corporation, (Kerala) : Law Finder Doc id # 2941901
