. NEW DELHI: Can a second wife claim pensionary benefit after demise of first wife of a deceased govt official? Agreeing to examine the issue, Supreme Court has issued notice to Centre on the plea of a woman who was denied such pension.A bench of Justices Aravind Kumar and Prasanna B Varale asked Centre to file its response within six weeks. The petitioner moved apex court after her plea was rejected by Himachal Pradesh High Court. Advocate Anand Varma, appearing for her, contended that HC had turned down the plea despite her placing before it Legal Heir Certificate issued by District Magistrate of Chamba, with authenticity of the document never being disputed.”The impugned order is incorrect in not considering that when the petitioner sought her share of family pension, she was the sole surviving spouse of the deceased pensioner. It is also submitted herein that even the first wife was never awarded the pensionary benefits of the deceased pensioner. The impugned order has failed to appreciate the fact that she sought her rightful share in pension of the deceased only after demise of the first wife. It is submitted herein that she was never in dispute with the first wife for the pension of the deceased husband,” the petition said.HC had rejected her claim saying that as the second marriage was solemnised during subsistence of first marriage, the relief claimed by her could not be allowed. It had said that a second wife (widow) could be granted family pension only in those cases where more than one marriage is permissible under applicable personal laws of a deceased employee and not otherwise.Challenging the HC order, the petition said that apex court, in various verdicts, had held that where a man and woman lived together as man and wife, then the law shall presume, unless the contrary is clearly proved, that they were doing so in consequence of a valid marriage. “Where the partners lived together for a long spell as husband and wife, a presumption would arise in favour of a valid wedlock,” it said.In its brief order, court asked for notice to be issued on the application seeking condonation of delay in filing the petition as well as on the petition.End of ArticleFollow Us On Social MediaVideos’Party Of Billionaires’: Congress Attacks AAP After 7 Rajya Sabha MPs Join BJPIran Attacks Togo-Flagged Tanker With 17 Indian Seafarers Near Oman; All Safe’Once-in-a-Generation’ India Signs Free Trade Agreement With New Zealand After a Decade of Talks’Attack By BJP Goons’: TMC MP Mitali Bag’s Car Vandalised In Hooghly, BJP Denies TMC’s Charge’You Are Married Because AAP Made You Rajya Sabha Member’: Saurabh Bharadwaj Attacks Raghav ChadhaNDA Surges In Rajya Sabha After Chadha-Led AAP Exodus, BJP Nears Majority“Right Man, Wrong Party”: Raghav Chadha Defends Exit From AAP In New Video“Bound To Happen”: Congress MLA’s Take On Trump Event ShootingArvind Kejriwal Shocks Court With Refusal To Appear In Excise Case“Hope Of Justice Shattered”: Kejriwal Skips Court, Sends Letter To Justice Swarana Kanta123PhotostoriesPM Narendra Modi praises 3 desi Indian cheese varieties and asks how many have you triedHow Brahma Muhurta Routines Can Improve Focus, Clarity, and Discipline8 historic landmarks in Mumbai that are more than 100 years old: Why you should visit themTop 5 residential areas of Nashik for quality living and investmentAC vs cooler: What works best for DelhiAamir Khan tears up at son Junaid Khan and Sai Pallavi’s ‘Ek Din Ki Mehfil’ event: 5 times the actor got emotional in publicGreen and red food combinations that boost nutrient absorption instantlySummer Special: How to make Kaache Aam ki Launji at homeOTT releases this week (April 27-May 3, 2026): ‘Glory’, ‘The Kerala Story 2, ‘Wuthering Heights’, ‘Aadu 3’ and more7 British vegetables that can grow in the balcony during this season123Hot PicksWest Bengal PollsPM ModiMamata BanerjeeRahul GandhiBengal RallyWest Bengal ElectionsMatua CommunityTop TrendingRussini Mike Photo ControversyTamil Nadu electionNFL Trade RumorsPetrol Diesel PriceAssam HS 12th ResultJac Class 12 ResultPatrick MahomesBengal PollsJack GrealishIPL Orange Cap
NEW DELHI: Can a second wife claim pensionary benefit after demise of first wife of a deceased govt official? Agreeing to examine the issue, Supreme Court has issued notice to Centre on the plea of a woman who was denied such pension.A bench of Justices Aravind Kumar and Prasanna B Varale asked Centre to file its response within six weeks. The petitioner moved apex court after her plea was rejected by Himachal Pradesh High Court. Advocate Anand Varma, appearing for her, contended that HC had turned down the plea despite her placing before it Legal Heir Certificate issued by District Magistrate of Chamba, with authenticity of the document never being disputed.“The impugned order is incorrect in not considering that when the petitioner sought her share of family pension, she was the sole surviving spouse of the deceased pensioner. It is also submitted herein that even the first wife was never awarded the pensionary benefits of the deceased pensioner. The impugned order has failed to appreciate the fact that she sought her rightful share in pension of the deceased only after demise of the first wife. It is submitted herein that she was never in dispute with the first wife for the pension of the deceased husband,” the petition said.HC had rejected her claim saying that as the second marriage was solemnised during subsistence of first marriage, the relief claimed by her could not be allowed. It had said that a second wife (widow) could be granted family pension only in those cases where more than one marriage is permissible under applicable personal laws of a deceased employee and not otherwise.Challenging the HC order, the petition said that apex court, in various verdicts, had held that where a man and woman lived together as man and wife, then the law shall presume, unless the contrary is clearly proved, that they were doing so in consequence of a valid marriage. “Where the partners lived together for a long spell as husband and wife, a presumption would arise in favour of a valid wedlock,” it said.In its brief order, court asked for notice to be issued on the application seeking condonation of delay in filing the petition as well as on the petition.
