The Karnataka High Court rejected the appeal made by the late State employee's second wife for family pension following her husband's passing.

The division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed her appeal after recognizing that the deceased employee's first marriage was still valid when he married her. They highlighted that family pension is designated for the legally recognized "wife," emphasizing that those in marriages deemed invalid by law aren't entitled to it, despite the limited status of legitimacy conferred on children born from such unions under Section 16 of the 1955 Act.

The appellant took her case to the Court following a previous decision by a single bench that denied her request to nullify a communication from the Department of Rural Development and Panchayat Raj. This communication had refused her plea for the approval of Family Pension and arrears. The rejection was based on the fact that she had married the employee, Nanjundaiah, while his first marriage was still in effect. Her argument rested on the belief that despite being the second wife, she had a rightful claim to the Family Pension. Consequently, she contended that the order in question was invalid insofar as it rejected her entitlement to the pension.

After considering the arguments presented, the bench declined to intervene with the decision of the single bench. 

"It hardly needs to be stated that amongst Hindus monogamy is not only ideal but a legal prescription and therefore marriage contracted when the first wife is alive, cannot be taken cognizance of by law, subject to all just exceptions into which the argued case of the appellant does not fit. Recognizing such relations arising from second marriage during the subsistence of first one is detrimental to public interest inasmuch as that would facilitate directly or indirectly the employees contracting the second marriage, which is legally impermissible.”

Accordingly, the appeal was found to be devoid of merit and consequently dismissed.

Appearance: Advocate Sharmila Gowda M R for Advocate Ravindra M R for Appellant.

AGA Niloufer Akbar for R1 & R2.

Case Title: Mahalakshmamma And The Secretary, Department of Rural Development and Panchayatraj.

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