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TMI Blog2013 (5) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... d of petitioner late Thulasingam was employed as Light Vehicle Driver with Metropolitan Transport Corporation Limited from where he sought voluntary retirement. That prior to retirement, late Thulasingam had contracted second marriage with the petitioner on 25.01.1975, while his first wife Tmt.A.Meena was alive. That the second marriage was contracted with the consent of the first wife, who subsequently died on 28.06.1980. 3. It is further submitted, that children of the first wife were living with the deceased Thulasingam and petitioner jointly and it was the petitioner, who brought up those children. The husband of petitioner late Thulasingam died intestate on 02.06.1988 and prior to his death, he was availing pension vide PPO No.A550639 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... husband and children and has been declared as legal heir of late Thulasingam. Being second wife, she could not be denied the benefit of family pension. 9. It was also vehemently contended, that once other legal heirs of the deceased gave no objection, there was no justification with the respondents to deny family pension to the petitioner, specially when it is proved on record, that the first wife had given her consent to late Thulasingam to marry the petitioner. 10. The writ petition is opposed by the learned counsel for the respondents, by vehemently contending, that the petitioner is not entitled to the grant of family pension, because she was admittedly the second wife, therefore, her marriage was void in law. She is therefore not ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... death of first wife, therefore, pension cannot be denied to her. 16. Though on the face of it, this argument looks attractive, but when seen in depth, it has no legs to stand. The reading of Hindu Marriage Act shows, that the second marriage, while first spouse is living, is not voidable, but is void, therefore, mere death of first wife cannot result in legalizing the second marriage or give the second wife the status of wife. 17. Furthermore, it may be noticed, that family pension is available to the widow of a person during her lifetime, therefore widow will always be the first wife, as there cannot be two widows for a person, as law does not recognize two wives after coming into force of Hindu Marriage Act. 18. It may also be noticed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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