Minor Children From Void Second Marriage Entitled To Family Pension, Second Wife Not Entitled: Kerala High Court

Justice Shoba Annamma Eapen delivered the judgment in a writ petition seeking to resolve a dispute over the terminal benefits of a KSRTC employee who died while in service.

The dispute arose after both, the deceased employee's legally wedded wife and a woman claiming to be his second wife, sought release of his service benefits.

Respondent-Corporation stated that first petitioner (first wife) as well as sixth respondent (second wife) had given applications for getting the terminal benefits of the deceased. Since two applications were received, a communication was issued directing the petitioners to produce the succession certificate from the competent court. It was further submitted that since no succession certificate was produced, the petitioners are not entitled to benefit.

To strengthen her claim, the sixth respondent contended that she was a nominee in the deceased's LIC policies.

The petitioner on the other hand relied on Rameshwari Devi v. State of Bihar [2000 KHC 507],where the Supreme Court has held that the second wife taken by a deceased Government employee during the subsistence of his first marriage cannot be described as a widow of a deceased employee, as their first marriage is void.

The Court noted that the legal heirship certificate submitted before the Court reveals that the first petitioner is the legally wedded wife of the deceased and the children from the second marriage are also listed as legal heirs along with the first wife and son born from the marriage.

The Court noted that in the case in hand, there is no dispute with regard to the legality of the marriage of the first petitioner (first wife) to the deceased employee. The Court noted that there was no evidence establishing the validity of the alleged second marriage, as the first marriage was subsisting when the relationship commenced. Consequently, the second marriage was void under the Hindu Marriage Act.

The Court further noted that by virtue of Section 16 of the Hindu Marriage Act, 1955, the children born from a void marriage are legitimate.

“When Hindu male dies intestate, the children of the deceased employee born out of the second wedlock would be entitled to share in the family pension and death-cum retirement gratuity. However, the second wife will not be entitled to get the retirement benefits nor the family pension and the children of the second wife will be entitled to benefits only till they attain majority,” the Court said.

It thus directed KSRTC to disburse the death-cum-retirement gratuity, retirement benefits, and family pension to all the legal heirs, in accordance with law.

The Court also directed KSRTC to consider the deceased employee's son's pending application for compassionate appointment within three months. It clarified that if he chose not to seek such an appointment, the children of the second relationship would be free to apply, subject to eligibility under the applicable scheme.

Case Title: Vasantha K and Anr. v Kerala State Road Transport Corporation and Ors.

Case No: WP(C) 32691/ 2018

Citation: 2026 LiveLaw (Ker) 376

Counsel for Petitioners: T.B. Mini

Counsel for Respondent: Deepu Thankan, P. Muraleedharan