The Madras High Court has ruled that a second marriage performed during the lifetime of the first wife is void and cannot confer family pension rights. The Court clarified that the later death of the first wife does not cure the illegality of the second marriage under pension and conduct rules.
CHENNAI: In a recent judgment, the Madras High Court, comprising Justice S.M. Subramaniam and Justice C. Kumarappan, has ruled that a second wife is not eligible for family pension if the marriage was conducted during the lifetime of the first wife.
The decision came in an appeal filed by the Accountant General of Tamil Nadu against an earlier order that had allowed the second wife’s name to be included in the pension records.
The case involved a retired Block Development Officer who had married a second woman while his first wife was still alive. He later applied to include both wives as nominees in his pension payment records. His request was rejected. After the death of his first wife, he again sought to include his second wife’s name to receive the family pension.
The earlier court leaned towards the presumption of marriage and allowed his plea. However, the Division Bench disagreed.
The Court clearly observed that the second marriage took place during the lifetime of the first wife and therefore was void in the eyes of the law. The judges noted that even the later death of the first wife would not make the second marriage valid for pension benefits.
The Bench relied on the Supreme Court judgment in Raj Kumari v. Krishna (2015) 14 SCC 511, where the three-Judge Bench held that pension is payable only to a legally wedded wife. The Supreme Court had observed:
“Normally, pension is given to the legally wedded wife of a deceased employee. By no stretch of imagination one can say that the plaintiff, Smt. Krishna was the legally wedded wife of late Shri Atam Parkash, especially when he had a wife, who was alive when he married to another woman in Arya Samaj temple… The pensionery benefits shall be given by the employer… in accordance with the rules and regulations governing service conditions.”
Applying the same reasoning, the Madras High Court concluded that the earlier order was not correct and could not stand. The Court set aside the writ order and allowed the appeal, making it clear that the second wife cannot be added as a nominee for family pension in such circumstances.
Explanatory Table: Laws & Provisions Involved
| Law / Provision | Purpose | How Applied in This Case |
| Rule 49, Tamil Nadu Pension Rules, 1978 | Governs family pension eligibility | Pension payable only to lawful spouse |
| Rule 3(1)(e), TN Pension Rules | Defines “family pension” | Clarified statutory meaning |
| Rule 7(a), TN Pension Rules | Distribution among widows/children | Applies only to legally valid marriages |
| Explanation to Rule 7 | Conditions for second wife eligibility | Second marriage must be legally valid |
| Rule 19, TN Govt. Servants Conduct Rules, 1973 | Prohibits bigamy by government servants | Second marriage treated as misconduct |
| Hindu Marriage Act, 1955 (implicit) | Declares bigamous marriage void | Second marriage void in law |
| Raj Kumari v. Krishna (2015) 14 SCC 511 | Pension only to legally wedded wife | Supreme Court principle applied |
Case Details
- Case Title: The Accountant General, Tamil Nadu v. M. Radhakrishnan & Anr.
- Case Number: Writ Appeal No. 1072 of 2022 (along with CMP No. 6682 of 2022)
- Court: High Court of Judicature at Madras
- Date of Judgment: 27 January 2026
- Bench: Justice S.M. Subramaniam & Justice C. Kumarappan
- Counsels
- For Appellant: Ms. V. Kanchana for Mr. V. Vijayashankar
- For Respondent No.1: Mr. K. Sanjay
- Counsel for Respondent No.2: Dr. S. Suriya, Additional Government Pleader
Key Takeaways
- A second marriage during the lifetime of the first legally wedded wife is void, and such void relationships do not create pension rights.
- Family pension is a statutory entitlement governed strictly by service rules, not by sympathy or presumption of marriage.
- The death of the first wife does not retrospectively validate an illegal second marriage for pension purposes.
- Government servants are bound by conduct rules, and bigamous marriages can carry both legal and service consequences.
- Pension benefits will be granted only in accordance with clear legal status and statutory eligibility, not on equitable considerations.
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