Himachal Pradesh High Court Allows Second Wife's Pension Nomination Despite Illegal Marriage
Court directs inclusion of second wife in pension records due to exceptional circumstances and long-term cohabitation
In a significant ruling, the Himachal Pradesh High Court has directed the inclusion of a second wife as a nominee for family pension, despite the marriage being considered illegal under the Hindu Marriage Act, 1955. The judgment was delivered by Justice Sandeep Sharma in the case of Mahesh Ram v. State of Himachal Pradesh on September 17, 2025. This decision comes in light of the exceptional circumstances surrounding the case, including long-term cohabitation and the absence of any objection from the legal heirs.
Mahesh Ram, a retired employee, had approached the court after his request to change the nominee in his pension records from his deceased first wife, Kamlesh Devi, to his second wife, Jawala Devi, was rejected by the respondent department. The rejection was based on the grounds that the second marriage, solemnized during the subsistence of the first marriage, was deemed illegal under Section 5 of the Hindu Marriage Act, and thus, the second wife was not eligible for family pension as per Rule 54 of the CCS Pension Rules, 1972.
The court acknowledged that while the second marriage was technically illegal, the peculiar facts of the case warranted a different approach. The petitioner had married Jawala Devi, the younger sister of his first wife, at the insistence of Kamlesh Devi, due to the absence of children from the first marriage. The three had cohabited continuously from 1994 until Kamlesh Devi's death in 2020. In light of these circumstances and the fact that all legal heirs had reached adulthood without objection, the court found no prejudice in granting the petitioner's request.
Justice Sharma referenced previous judgments, including a Supreme Court decision under Article 142 of the Constitution, which allowed family pension to a second wife under similar circumstances. The court emphasized the presumption of valid marriage due to long-term cohabitation, a presumption that can only be rebutted with substantial evidence.
The decision underscores the court's willingness to consider exceptional circumstances and the realities of long-term relationships when interpreting statutory provisions. This ruling is expected to have implications for similar cases, balancing legal formalities with humanitarian considerations.
Bottom Line:
Second wife of a retired employee can be entered as nominee in the service record for family pension in exceptional circumstances, despite second marriage being solemnised during the subsistence of the first marriage.
Statutory provision(s): Section 5 of Hindu Marriage Act, 1955, Rule 54 of CCS Pension Rules, 1972, Article 142 of Constitution of India
Mahesh Ram v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2782335
