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Tamil Nadu
No family pension after death of second wife: Court
Staff Reporter
“Widowers or widows are entitled to family pension until their death or remarriage”
MADURAI: A person cannot claim family pension after the death of his second wife (a government servant) on the ground that he did not remarry but for living with his first wife, the Madurai Bench of the Madras High Court has ruled.
Justice K. Chandru said such a person would not come under the definition of ‘widower’ because his first wife was alive.
The Tamil Nadu Pension Rules, 1978, states that widowers or widows are entitled to family pension until their death or remarriage, whichever is earlier.
Besides, the writ petitioner, K. Mohammed Ibrahim of Tiruchi, himself was a retired government servant receiving pension since his superannuation on July 1, 1996. As per the Tamil Nadu Government Servant Conduct Rules, the Government’s permission was necessary before marrying for the second time.
The rule applied even to Mohammedans whose personal law permitted a second marriage, the judge said. The petitioner had failed to obtain such permission. The officials should have initiated disciplinary action for violating the rules. “But the petitioner somehow escaped from any action,” Mr. Justice Chandru said.
According to Mr. Ibrahim, he entered into wedlock with Mumtaj Begum in 1963. Subsequently he married S.K. Sythani Bi, a secondary-grade teacher in a government high school in Pudukottai district, on September 12, 1971. His second wife died on July 6, 1972 without any issue. Thereafter, he staked his claim for family pension on account of his wife’s death and received it until February 6, 2004 when the Commissioner for Treasuries and Accounts came to know that the petitioner was not a widower.
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