Second Wife can claim Benefits of Deceased Husband - Bombay High Court

Second Wife can claim Benefits of Deceased Husband - Bombay High Court

The Bombay High Court on Tuesday held that the second wife of a Union government employee can claim retirement benefits of the deceased husband.

A Division Bench of Chief Justice GH Waghela and Justice VK Tahilaramani was hearing the petition filed by the first wife of the deceased, working at the Ammunition Factory in Pune. He had nominated his second wife to receive all retirement benefits in January 2010, after he cancelled the nomination of his first wife after giving her a divorce.

First wife moves HC

On being aggrieved by the order passed by the Central Administrative Tribunal in September 2013, that held that the second wife would receive all the benefits, the first wife moved the High Court.

The court said, “We also have to go by the fact that the first nomination in favour of the first wife was duly cancelled and a fresh nomination was filed separately by the deceased for Death-Cum-Retirement Pension, Provident Fund and Group Insurance benefits in favour of the second wife.”

‘Not possible to ignore nomination’

The court noted that it was not possible to ignore the nomination made by the deceased in favour of the second wife.

The court also observed that approximately six months prior to his death, the deceased had promptly informed his office about his second marriage and about his divorce.

He had also told his office about the nomination filed in favour of the second wife relating to retirement benefits, the Bench said.

Source : http://www.thehindu.com