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2013 (5) TMI 509 - MADRAS HIGH COURTGrant of family pension - whether a second wife has no legal status to claim family pension? - Held that:- The answer to this question is in negative, as the second wife has no legal status. According to Hindu Law, the marriage during living spouse is void, and gives no status to the second wife, though children born from such marriage get benefits at par with the legitimate children. 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. Therefore no error with the impugned order, declining family pension to the petitioner. Thus merely because pensionary benefits were settled in favour of petitioner, which in fact were to be paid to the children, who gave no objection for release of retirement benefits to her, cannot entitle her to claim family pension also.
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