Patna High Court
Fulmati @ Fulmati Devi vs The State Of Bihar on 7 August, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9944 of 2022
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Fulmati @ Fulmati Devi, W/o Late Uma Ram, Resident of Village- Bheriya,
P.S. - Gopalganj, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, New Secretariat, Patna.
2. The Principal Secretary, Department of Finance, State of Bihar, Patna.
3. The Director, Primary Education Government of Bihar, New Secretariat,
Patna.
4. The District Education Officer, Gopalganj, District - Gopalganj.
5. The District Programme Officer (Establishment), Gopalganj, District -
Gopalganj.
6. The Accountant General, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate
For the Respondent/s : Mr. Kameshwar Kumar, GP- 17
Mr. S. K. Ranjan, AC to GP- 17
For the AG, Bihar : Mr. Arun Kumar Arun, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 07-08-2025
Heard the parties.
2. The petitioner has approached this Court seeking
a direction upon the respondent authorities to provide
proportionate family pension to her by dividing in two equal
shares.
3. The facts are admitted that the petitioner was
solemnized marriage with the erstwhile employee during the life
time of his first wife, but before entering into the service of the
erstwhile employee.
Patna High Court CWJC No.9944 of 2022 dt.07-08-2025
4. It is the contention of the petitioner that since
both the wives have been residing together with the erstwhile
employee, he had filled up the pension papers, disclosing in
column 19 the names of the petitioner along with his first wife.
Based upon which, a claim has been made before this Court to
extend the proportionate family pension.
5. A counter affidavit has been filed on behalf of the
State respondent authorities as well as Accountant General.
6. It has been categorically stated by the concerned
respondent that the law in this regard is well settled that second
wife is not entitled for family pension if second marriage is
solemnized during the life time of the first wife. Further the
Finance Department vide letter no. 1549 dated 27.06.2011
allowed distribution of family pension equally among surviving
widows, if second marriage is solemnized after due sanction
from the Government. The Government will give such sanction,
only if the personal law governing the marrying parties allows
and there is other reason for doing so.
7. It is also submitted that the Hon'ble Apex Court
in the case of Rameshwari Devi Vs. The State of Bihar &
Ors., reported in, 2000 (2) SCC 431 has held that as second
marriage solemnized by a Hindu during life time of the first
Patna High Court CWJC No.9944 of 2022 dt.07-08-2025
wife is void under the Hindu Marriage Act, 1955 and thus the
second wife is not entitled for family pension.
8. This Court also in the case of Dulari Devi Vs.
The State of Bihar & Ors. (C.W.J.C. No. 14389 of 2019) has
held and observed that the aforesaid resolution dated 27.06.2011
is only applicable to the Muslim employees and benefit could
not be extended to the Hindu employees.
9. Learned Advocate for the petitioner refuting the
contention of the learned Advocate for the State submits that the
case of the petitioner is on different footing, as the marriage of
the petitioner was solemnized with the erstwhile employee prior
to entering into the service and as such he seeks permission to
withdraw the writ petition with a liberty to approach before the
respondent Director, Primary Education Government of Bihar.
10. On the prayer made by the petitioner, the
present writ petition stands disposed off with the liberty
aforesaid.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.08.2025
Transmission Date NA
