Second wife not entitled to DCRG, family pension: CAT

S Pandurangan, who worked as SPM at Kalasapakkam Post Office in Tiruvannamalai, contended that asking him to produce a legal separation with his first wife that to 16 years after her death was arbitrary, unreasonable and unfair.

According to the petition, Pandurangan’s first marriage was solemnized in 1965 with Manonmani. As she was suffering from a disease and couldn’t involve in matrimonial life with him, village elders with the consent of Manonmani solemnized his second marriage with Bharathi Bai on May 1, 1970, in Vellore.

The said marriage was registered with Registrar of Marriages, Kalasapakkam. After the death of Manonmani on 2000, Panudrangan sent a representation to Superintendent of Post Offices, Tiruvannamalai Division on 2002, followed by several letters till 2017, to authorize his nomination of Bharathi Bai for receiving the DCRG and family pension after his death, which was rejected, the petitioner claimed.

Countering this, Superintendent of Post Offices submitted that the retired official was informed to produce a record of legal separation of his first wife before the second marriage. His claim for inclusion of his second wife in the list of family members eligible for the family pension would not be entertained unless he produces the separation document of the first wife.

Recording the submissions, T Jacob, CAT administration member said, “Government servant has no control over the family pension since the exclusive right of the family pension is that a widow alone due to her widowhood. The family pension is payable to a legally wedded wife alone.”

“CCC (Conduct) Rules prohibits government servants from performing second marriage during the lifetime of their spouse living, without obtaining permission from the government,” Jacob added.

Citing the Madras High Court order in T Stella Vs Metropolitan Transport Corporation Limited, the tribunal said that according to Hindu Marriage Act, second marriage while the first spouse is living, is not voidable but void, therefore, mere death of the first wife cannot result in legalizing the second marriage.

“The misplaced sympathy can never take stride over the legislative enactments. Therefore, I am not impressed with the contention of Pandurangan that his second wife is entitled to family pension on any count,” said Jacob.