Case Law Analysis
|Gauhati High Court
Void Second Marriage Under Hindu Marriage Act | Second Wife Barred from Family Pension, But Minor Son Entitled to Proportionate Share Under Railway Pension Rules : Gauhati HC
The Gauhati High Court has ruled that a second wife married during the subsistence of a valid first marriage under the Hindu Marriage Act is not entitled to family pension, as her marriage is void ab initio. However, her minor son retains an independent right to a proportionate share of the pension under Railway Pension Rules, affirming that dependant benefits for children are not contingent on the legality of parental marriage.