The Madurai Bench of the Madras High Court has held that if a public servant contracts the second marriage during the lifetime of his first wife, then the second wife is not entitled to any of his service benefits.
Justice S.M. Subramaniam observed that the second marriage was legally void and mere consent given by the first wife for contracting the second marriage could not be accepted as a ground for inclusion of the second wife as a nominee for grant of pension.
The court was hearing a petition filed by M. Muthumadasamy of Theni district, challenging the order issued by the Accountant General of Tamil Nadu rejecting his request to include the name of his second wife as a nominee in service records.
It was stated that the petitioner married Kavitha when his first wife Tamil Selvi was alive. The petitioner, who retired from government service in 2013, said he married Tamil Selvi in 1985 and they had two children. When she was diagnosed with blood cancer, she requested Muthumadasamy to marry her sister Kavitha.
He married Kavitha in 1994 and in 1996 Tamil Selvi died. The petitioner’s request to include Kavitha as a nominee in service records for pension benefits was forwarded by the District Educational Officer. The Accountant General, however, rejected the request.
The judge said Rule 19 of the Tamil Nadu Government Servants Conduct Rules dealt with bigamous marriage. The rule stated that no government servant should enter into or contract a marriage with a person having a spouse living and no government servant having a spouse living should enter into or contract a marriage with any person.
The petitioner had committed misconduct under the Rules and the second wife was not entitled to family pension, the court said and dismissed the petition.
