Family Pension -- Second Wife in Void Marriage -- Not entitled to service and pensionary benefits
(i) Hindu Marriage Act, 1955, S.11 -- Family Pension -- Second Wife in Void Marriage -- Not entitled to service and pensionary benefits. A marriage solemnised during the subsistence of a valid first marriage is void, and the second wife of a deceased government employee cannot claim status of widow or seek release of retirement benefits or family pension. (ii) Hindu Marriage Act, 1955, S.16 -- Family Pension -- Children Born From Void Marriage -- Entitled to equal share till majority. Children born from a void marriage are legitimate under Section 16 and are entitled to an equal share, along with children of the valid marriage, in death-cum-retirement gratuity and family pension of the deceased employee, though such entitlement of children from the void marriage continues only till they attain majority.
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