TMI Blog2013 (5) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - W.P.No.4828 of 2008 And M.P.No.1 of 2008 - - - Dated:- 27-2-2013 - Vinod K. Sharma,JJ. For Petitioner the : Mr. S. Sadasharam For the Respondent : Mr. G. Munirathinam, Mr. R. Ravichandran Addl. Govt. Pleader ORDER The petitioner prays for issuance of a writ in the nature of Certiorari to quash the order issued vide Letter No.24452/PBSC4/MTC/2006 dated 06.08 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icate, no objection certificate signed by the legal heirs of late Thulasingam and also the copy of death certificate of the deceased Meena. That finally impugned order has been passed, declining the request of petitioner for grant of family pension. 6. The impugned order is challenged by the petitioner, on the ground, that the order rejecting the grant of family pension is illegal and against law, therefore, is liable to be quashed, being arbitrary, and violative of Article 14 of the Constitution. 7. It is case of petitioner, that she was treated to be the second wife of late Thulasingam for the purpose of settlement of arrears. The respondents, therefore, having accepted that she is the second wife, could not now deny family pension to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner, that she was admittedly the second wife, could family pension be paid to her. 12. 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. 13. In this case, it is not disputed, that there is no child born from the wedlock between late Thulasingam and petitioner. 14. One of the questions, which arises in this case, is regarding the status of petitioner, after the death of first wife, as she continued to live with the deceased as wife after the death of the first wife. 15. Learned counsel for the petitioner co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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