Madras High Court
V.Selvaraj vs The Principal Accountant ... on 8 April, 2022
W.P.(MD)No.7894 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:08.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.7894 of 2019
V.Selvaraj ... Petitioner
Vs.
The Principal Accountant General(A&E)
No.361, Anna Salai,
Chennai-600 018. ... Respondent
PRAYER: Writ Petition under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondent herein to record the
name of Tmt.Piramila, W/o.V.Selvaraj, petitioner herein in the service
register of the petitioner as his nominee.
For Petitioner : Mr.K.Appadurai
For Respondent : Mr.P.Gunasekaran
1/6
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W.P.(MD)No.7894 of 2019
ORDER
The relief sought for in the present writ petition is to direct the
respondent to record the name of Tmt.Piramila, W/o.V.Selvaraj, in the
service register of the petitioner as his nominee.
2.The petitioner is a retired Headmaster and receiving pension. The
petitioner retired on 31.07.2015 on attaining the age of superannuation.
The petitioner himself has stated that he is living with his second wife
Tmt.S.Piramila. However, the petitioner submitted the name of second
wife, instead of the name of his first wife viz., Tmt.Vanapetchi, is a
nominee.
3.The learned counsel appearing for the respondent made a
submission that the second marriage was contracted, during the life time
of the first wife and the first wife is alive. The petitioner has not obtained
any decree of divorce from the competent Court of law. Therefore, the
name of the second wife cannot be entered in the pension records, as the
second marriage is invalid.
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W.P.(MD)No.7894 of 2019
4.The Hon'ble Division Bench of this Court has settled the
principles in the case of R.Rajathi-vs-The Superintendent Engineer
TANGEDCO Ltd., reported in 2018-1-Writ L.R.725, and the relevant
paragraphs are extracted hereunder:
“42. We have discussed the basis on which the various
judgments, of course conflicting views, have been rendered.
Insofar as the view that the second wife of the Government
Servant, who died prior to 02.06.1992 as held in Tamilselvis
case, referred to supra, and the view that a widow of an
invalid second marriage that had taken place prior to
14.10.1991, as held in Pushpavallis case, have given our
reasons, as to why, we are unable to subscribe to the said
conclusions of the learned Single Judge. We are, therefore, of
the opinion that in order to enable a second wife to claim
family pension the marriage should have been valid under the
Personal Law applicable to the parties, to hold otherwise
would be in violation of the law of the land, viz. the Personal
Law of the parties as well as the Criminal Law, which
prohibits bigamous marriage.
43. We are, therefore, constrained to conclude that the
judgments which conclude that a second wife would be
entitled to family pension, irrespective of her marriage being
void, under the provisions of their relevant Personal Laws
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W.P.(MD)No.7894 of 2019
applicable to the parties do not reflect the correct position of
law and therefore will stand overruled. The applicability of
Sub Rule 7(a)(i) is confined only to cases where the second
marriage is valid under the Personal Law applicable to the
parties, only in such cases, widows of such marriages would
be entitled to family pension.
44. In view of the foregoing discussion and conclusions,
the Writ Appeal fails and dismissed. However, there will be no
order as to costs.”
5.In view of the fact that, the second marriage solemnized during
the life time of the first wife is invalid and the claim of the writ petitioner
cannot be considered and therefore, the writ petition stands dismissed.
No costs.
08.04.2022
Index:Yes/No
Internet:Yes/No
Ns
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.7894 of 2019
To
The Principal Accountant General(A&E)
No.361, Anna Salai,
Chennai-600 018.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.7894 of 2019
S.M.SUBRAMANIAM,J.
Ns
W.P.(MD)No.7894 of 2019
08.04.2022
https://www.mhc.tn.gov.in/judis
