Second wife of Indian Railways employee also entitled to pension: Karnataka High Court

The second wife had approached the high court against an earlier order that allocated 50 per cent of the family pension to the first wife and her children, pending disposal of the application, without considering her claim.

The counsel for the first wife and family argued before the High Court that the second wife was not legally wedded as per the Hindu Marriage Act so could not be considered more than a paramour, and that pension could only be granted to a legally wedded wife.

The bench noted, “Rights of the employees or their family will always depend on the Pension Rules. If there are no Rules, there is no pension. If there are rules, the pension will be paid in accordance with the rules”.

“The Rule clearly gives a right to one or more widows to claim family pension and that family pension is to be divided into equal shares among the widows of the deceased employee. This would be in the event that there is more than one wife of the deceased Railway servant,” said the bench.

The bench added, “A word of caution again is that the petitioner is held entitled only on the ground that the Rules give a right to the petitioner. If the Rules did not envisage a situation like this and did not provide for family pension, the petitioner would not be entitled to family pension.”

Based on this, the bench directed that the second wife should also receive a 50 per cent share of the pension.

The Karnataka High Court has ruled that the second wife of a deceased Indian Railways employee is also entitled to a share of the pension, according to the rules governing the grant of pension.

The second wife had approached the high court against an earlier order that allocated 50 per cent of the family pension to the first wife and her children, pending disposal of the application, without considering her claim.

The counsel for the first wife and family argued before the High Court that the second wife was not legally wedded as per the Hindu Marriage Act so could not be considered more than a paramour, and that pension could only be granted to a legally wedded wife.

The bench noted, “Rights of the employees or their family will always depend on the Pension Rules. If there are no Rules, there is no pension. If there are rules, the pension will be paid in accordance with the rules”.

“The Rule clearly gives a right to one or more widows to claim family pension and that family pension is to be divided into equal shares among the widows of the deceased employee. This would be in the event that there is more than one wife of the deceased Railway servant,” said the bench.

The bench added, “A word of caution again is that the petitioner is held entitled only on the ground that the Rules give a right to the petitioner. If the Rules did not envisage a situation like this and did not provide for family pension, the petitioner would not be entitled to family pension.”

Based on this, the bench directed that the second wife should also receive a 50 per cent share of the pension.

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