The Gauhati High Court has observed that Hindu Law doesn't recognise the concept of 'Bigamy' and thus second wife has no legal rights as the marriage is void ab initio.
The single-judge bench of Justice Sanjay Kumar Medhi in view of the above rejected writ petition of second wife of a deceased hindu male seeking claim in family pension.
Brief Facts of the Case:
The petitioner, who is the mother of three ‘major’ children and second wife of late Biren Deka, who was an employee in the Irrigation Department, filed a writ petition aggrieved by the non-payment of
family pension. The respondents, including the first wife of the deceased employee contested the claim of the petitioner by way of an affidavit that as per the law, only the first wife is entitled to the
family pension.
High Court's Observations:
The Court at the outset noted that the parties are Hindu by religion and as per the Hindu Marriage Act, there is no concept of bigamy and rather the same is an offence under the Indian Penal Code and also a ground for divorce.
Therefore, the second wife is not entitled to family pension in existence of the first wife, the Court ruled.
The Court remarked that the if the petitioner was entitled to some sort of relief, it would be in regard to the children but since they are 'major', no claim can be made whatsoever.
The petition was dismissed on the grounds that a second wife is not entitled to family pension in existence of the first wife in this case of which the facts are admitted and the parties are Hindus by
religion.
Case Title: Pratima Deka vs. the State of Assam & Ors.
Case Citation: WP(C)/849/2019
Coram: Justice Sanjay Kumar Medhi
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