Second Wife Pension: Second Wife Not Entitled to Family Pension if First Marriage Subsists Rules High Court

Second Wife Pension: The Odisha High Court has delivered a significant judgment regarding family pension eligibility for government employees, reinforcing the strict mandates of the Hindu Marriage Act. The court observed that under the Act, only one marriage is legally valid at a time. Consequently, a second marriage contracted while the first spouse is still living is not only void but also a punishable offense. Based on this principle, the court has categorically dismissed the family pension claim of a woman who identified herself as the second wife of a deceased government employee.

Background of the Case

The legal battle ensued when a woman approached the authorities claiming family pension benefits as the second wife of a deceased government employee. Initially, she submitted her application to the School and Mass Education Department. However, the department rejected her claim, citing existing rules. Aggrieved by this decision, she moved the Single Bench of the Odisha High Court.

The Single Bench upheld the department’s decision, finding no illegality in the rejection of her pension application. Following this, the petitioner challenged the Single Bench’s order dated July 16, 2025, by filing an appeal before a Division Bench.

Division Bench’s Observation and Verdict

The Division Bench, comprising Justice Dixit Krishna Shripad and Justice Chittaranjan Das, delivered their judgment on January 13, upholding the earlier decision. The Bench dismissed the appeal with strong observations:

• No Encouragement to Illegality: The court stated that accepting the pension claim in such a scenario would be tantamount to “encouraging illegality.” Since the employee accepted a second wife while the first marriage was subsisting, validating the claim would undermine the law.
• Legal Provisions: The judgment highlighted that such an act is a punishable offense under Section 17 of the Hindu Marriage Act, 1955, and Section 495 of the Indian Penal Code (IPC).
• Sanctity of Monogamy: The Division Bench remarked that monogamy is the core policy of Hindu society. The concept of a second marriage while the first is valid runs contrary to the very objective and essence of the Hindu Marriage Act.

Interpretation of ‘Wife’ in Pension Rules

The court provided a crucial interpretation of the term ‘wife’ as mentioned in the pension statutes.

• Singular Interpretation: The Bench clarified that the term ‘wife’ in the pension rules is used in the singular form and does not imply or permit polygamy.
• Alignment with Personal Law: The pension rules cannot be interpreted in a way that contradicts the Hindu Marriage Act. Under both the pension regulations and the penal code, bigamy is treated as an offense, and thus, a second wife from an invalid marriage cannot be a beneficiary.

Implication for Government Employees

This ruling serves as a stern reminder for government employees regarding service rules and personal laws. It establishes that state benefits like family pension cannot be extended to relationships that do not hold legal validity. The judiciary has made it clear that public funds cannot be utilized to support claims arising from unions that the law explicitly forbids.