Muslim wife cannot claim pension and benefits if the husband’s first marriage was not annulled Law Trend Law Trend
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Muslim wife cannot claim pension and benefits if the husband’s first marriage was not annulled
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The Gauhati High Court has upheld denying access to pension and benefits to the second wife of a deceased person. In this case, the first marriage was not annulled.
In this case, the petitioner married her deceased husband as per the Special Marriage Act. When the marriage was solemnised, the petitioner’s husband had a living spouse. Even though the first marriage was not working the husband never got the marriage annulled.
However, the petitioner’s name was in the service record of the husband who passed away in an accident. When the petitioner claimed pension and other benefits, she was refused.
Aggrieved, the petitioner approached the Gauhati High Court under Article 226 of the Indian Constitution.
At the outset, the Court noted that there was no dispute that the marriage was solemnised under the Special Marriage Act but he had a spouse living, who is respondent no.6 and there was nothing to suggest that the deceased and respondent no.6’s marriage was annulled.
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The Bench referred to Rule 143 of Assam Services Rules and ruled that on death, the pension will be given to the eldest surviving widow. The Court also said that as per Rules even though a Muslim man can contract another marriage, he first has to seek permission from the government which was not done in this case.
After going through various provisions of the Muslim Personal Law and Special Marriage Act, the Court that the petitioner who is a Hindu had married a Muslim Act under the Special Marriage Act and at the time of marriage, the conditions mentioned u/s 4(a) of Special Marriage Act were absent, therefore, the marriage was void.
Accordingly, the Court directed respondent no.5 to pass directions so that the Treasury Officer can separately distribute the pension share to the petitioner’s son. The Court also said that it will be open to the petitioner to open a bank account for the minor son and register herself as the mother and guardian.
Case Name: Dipamani Kalita v. The State Of Assam And 5 Ors.
Date of Decision: September 6, 2021
Bench: Hon’ble Mr. Justice Kalyan Rai Surana
Categories: Court Updates
Tags: gauhati high court, Muslim Wife
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