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Delhi High Court Rules Second Wife Not Eligible for Family Pension

March 27, 2026

Family Pension Law Clarified: Void Marriage Denies Benefits, Says Delhi HC

The Delhi High Court has ruled that a second wife is not entitled to family pension if the marriage was void from the beginning. The judgment reiterates that pension benefits are strictly linked to legally valid marital status.

Key Ruling of the Court

A Division Bench held that only a legally recognised spouse qualifies for family pension. It clarified that a marriage performed while the first spouse is alive is void and does not become valid even after the death of the first wife. Therefore, pension rights remain confined to the lawful widow.

Background of the Dispute

The petitioner claimed pension as the widow of a deceased army personnel, stating she was unaware of his earlier marriage. She had lived with him for years and had children from the relationship. However, records confirmed that the first marriage had not been legally dissolved, and the first wife had received pension benefits until her death.

Legal Framework and Court’s Reasoning

The Court relied on provisions of the Hindu Marriage Act, 1955, particularly Sections 5 and 11, which declare a second marriage void if the first spouse is alive. It emphasised that a void marriage does not grant the legal status of a wife, and such status cannot be validated retrospectively after the first spouse’s death.

Final Verdict and Implications

The petition was dismissed, upholding earlier findings of the Armed Forces Tribunal. The Court clarified that while children from such unions may receive limited benefits, the second wife cannot claim family pension. The ruling highlights the primacy of legal marital validity in determining eligibility for state benefits.

Exam-Focused Points

  • Court: Delhi High Court

  • Law: Hindu Marriage Act, 1955 (Sections 5 & 11)

  • Rule: Second marriage during subsistence of first is void

  • Pension: Only legally wedded spouse eligible

  • Case: Army Pension Regulations, 1961 applicable

  • Note: Children may have limited legal rights

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