Eligibility of Widows and Children from both WedLocks – Family Pension Rules
As per CCS conduct Rules 21 no Government servant having a spouse living, shall enter into, or contract, a marriage with any person, provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage.
As per section 11 of Hindu Marriage Act any marriage shall be null and void if the party has a spouse living at the time of the marriage.
The divorce proceeding as per custom of the community or before the Panchayat is not valid. The divorce decree is acceptable only if it is ordered by a competent court.
By virtue of Section 16 of the Hindu Marriage Act notwithstanding that a marriage is null and void, any child from such void marriage shall be legitimate.
- If a deceased employee is survived by more than one widow and has children from both wedlock, family pension shall be shared equally by first wife being legally wedded wife along with the child from second wedlock I.e. 50% each.
- Second wife will have no claim for pension as second marriage is null and void as she is not holding the status of legally wedded wife.
The eligibility of each child from second wedlock, sharing pension along with legally wedded wife, will be considered in the order of their date of birth.
The longer child will not be eligible for family pension unless the elder next above him becomes ineligible for grant of family pension
If a deceased employee is survived by more than one widow and has children from both wedlock, family pension shall be shared equally by first wife being legally wedded wife along with the child from second wedlock I.e. 50% each.
If children from second wedlock become ineligible to receive pension, such share of the family pension would not get lapsed but would be payable to legally wedded wife or her children as the case may be in full i.e. 100%
On the death of a legally wedded wife who is not survived by any eligible child, share of the family pension would not lapse but would be payable to children from second wedlock in full i.e. 100%.