The Madras High Court Justice S. Vaidyanathan in the case titled Malarkodi @ Malar v. The Chief Internal Audit Officer and Ors. gives his views on can a woman in a Live-in relationship claim the Pension Benefits of her Widower partner by invoking the Domestic Violence Act.

Facts of the case:

Petitioner’s Husband Late S.Kaliyaperumal worked as Foreman I Grade in the Kumbakonam Branch of the Respondent and after putting 33 years of service, he retired on 31.03.2004. The petitioner has further submitted that after his retirement, he was receiving a pension in his Bank Account from TANGEDCO Pensioners' Family Security Fund and lifetime arrears of pension from TANGEDCO and his monthly pension was credited to his S.B. Account in Indian Overseas Bank, Gandhi Salai Branch, Kumbakonam. It is also submitted by the petitioner that, in the Pension Account, her husband has mentioned one Mrs.Susila, who is his first wife, as his nominee.

The said Susila is none other than the Petitioner's own sister. As Susila predeceased the Petitioner's husband on 21.02.2009 due to illness, the Petitioner's husband made an application in 2015 for change in the details of a nominee in his Account and requested for updating the name of the Petitioner in the nominee details in respect of his pension Account. While so, the Petitioner's husband died on 11.01.2015. The Petitioner has filed an application seeking withdrawal of pension amount from her late husband’s account. Said application was rejected by the respondents. The petitioner has filed a writ petition.

Submission of the Petitioner:

The petitioner has submitted that the first wife of the Petitioner's husband pre-deceased the Petitioner's husband, due to illness. Hence, according to the Petitioner, she is entitled to pension and other retirement benefits of her husband in terms of Rule 49 of the Tamil Nadu Pension Rules, 1978.

High Court’s Observation and Judgment:

The High Court has held:

 “when there are different judgments pertaining to the issue on hand, the matter has to be referred to a Larger Bench to arrive at a finality to the issue, as to whether (i) Rule 49 of the Tamil Nadu Pension Rules, 1978, can take away the rights guaranteed for women under the Protection of Women from Domestic Violence Act, 2005 and (ii) a concubine, after the enactment of the Domestic Violence Act, 2005, attains the status of a companion/wife after the demise of the first wife during the lifetime of her husband and that, due to continued live-in- relationship, whether she attains the status of a wife, in order to get pensionary and other terminal benefits due to the deceased person. The Registry is directed to place the matter before the Hon'ble Chief Justice to constitute a Larger Bench for deciding the issue in question.”

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