The court noted that the parties are Hindu by religion and as per the Hindu Marriage Act there is no concept of bigamy rather the same is an offence under the Indian Penal Code and also a ground for divorce.
While dismissing a family pension petition, the Gauhati High Court, on June 6, said that there is no concept of bigamy in the Hindu religion and therefore, a second wife is not entitled to a family pension in the presence of the first wife.
The order was passed by a single bench judge of the High Court comprising of Justice Sanjay Kumar Medhi based on a petition filed by a widow Binita Deka seeking a family pension claiming herself to be the wife of one Biren Deka, a handyman in the office of the executive engineer of Guwahati Electrical Division (Irrigation), Chandmari. Biren had passed away on August 10, 2016.
- The petitioner submitted that after the passing of her husband she is entitled to a family pension. She submitted before the court that she has three children.
- On the other hand, the claim of the petitioner had been contested by Golapi Deka, the second wife of the deceased by filing an affidavit. In her affidavit, Golapi submitted that she is the first wife of the deceased employee and as per law, she is entitled to the family pension.
- In her affidavit, Golapi submitted that the claim of the petitioner appears to be a misconceived one in as much as she is the first wife of the deceased employee and as per law, it is she who is entitled to the family pension.
- After hearing the parties and on perusal of the records, the court noted that the parties are Hindu by religion and as per the Hindu Marriage Act there is no concept of bigamy rather the same is an offence under the Indian Penal Code and also a ground for divorce.
- The court also noted that the children (born out of a second wife) are also major and therefore, though some relief could have been given to the children in case they were minor, that situation is also not there.
The court also observed that it has no other option but to dismiss the petition since a second wife is not entitled to a family pension in the existence of the first wife in this case of which the facts are admitted and the parties are Hindus by religion.
Source: The Meghalayan
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