Smt. Sumitra Devi vs The State of Bihar and Others

Barin Ghosh and Navaniti Pd. Singh, JJ.—The Government employee died on 9th of March, 1990 while in service. Family pension payable to the family of the deceased employee was then settled in favour of his wife, Smt. Kaushalia Devi. In 1993 Smt. Kaushalia Devi died. Appellant then claimed settlement of the said pension in her favour on the ground that she was the second widow of the deceased employee. The claim was enquired, when it transpired that the appellant married the deceased Government employee after coming into force of the Hindu Marriage Act, 1955, while the first wife of the deceased Government employee was alive. It was thus held that the said marriage is void and accordingly it was opined that the appellant is not the widow of the deceased employee and as such, she is not entitled to settlement of family pension as was claimed by her. The matter was then brought to this court by filing a writ petition. The writ court accepted the contentions of the State that inasmuch as the appellant is not the widow of the deceased employee there is no question of settlement of family pension in her favour. In the present letters patent appeal the learned counsel for the appellant drew our attention to Section 10 of the Hindu Succession Act, 1956 and contended that in terms of Rule 1 thereof if the person dying intestate has more than one widow then both of the widows are entitled to inherit the deceased. It was contended that on such analogy pension should be directed to "be settled in favour of the appellant, A lady upon death of her husband becomes his widow. The lady, therefore, during the lifetime of her husband must be his wife. In order to be wife, the person claiming to be wife is required to be legally married to the person whose wife she claims to be. The deceased Government employee as well as the appellant are Hindus. Accordingly, the provisions contained in Hindu Marriage Act, 1955 applies to them. By reason of the provisions contained in the said Act a marriage between a male and a female when spouse of either of them is alive is a void marriage. In such view of the matter, the appellant though may have lived with the deceased Government employee as man and wife, but they were not legally married and, accordingly, the appellant is not one of the widows as mentioned in Rule 1 of Section 10 of the Hindu Succession Act, 1956.

The appeal, accordingly, fails and the same is dismissed.