Section 68 in Rajasthan Civil Services (Pension) Rules, 1996
68. Order of Allotment.
(a)(i)Where the family pension is payable to more widows than one, the family pension shall be paid in equal shares.(ii)On the death of a widow, her share of the family pension shall become payable to her eligible child: Provided that if the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her.(b)Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant or pensioner.Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows and/or to other child or children otherwise eligible, in equal shares or if there is only one widow or child, in full, to such widow or child.(c)Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from a divorced wife or wives the eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of the death of the Government servant or pensioner had she not been so divorced. Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows and/or to other child or children otherwise eligible, in equal shares or if there is only one widow or child, in full, to such widow or child.(d)Where the family pension is payable to twin children it shall be paid to such children in equal shares: Provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them ceases to be eligible the family pension shall be payable to the next eligible single child/twin children.(e)[ Where the family pension is payable to parent it shall be paid first to the mother and after her death it shall be payable to the father.] [Inserted vide FD Notification No.F.15(3)FD(Rules)/97 dated 8.8.2000.]Government of Rajasthan's DecisionSecond wife not entitled to the family pension as a legally wedded wife under the Hindu Marriage Act. - It is clarified that the second wife will not be entitled to family pension as legally wedded wife. The issue was examined by the Government of India and similar decision has been incorporated in C.C.S. (Pension) Rule 1972 and an extract of the opinion of Law Ministry recorded therein is reproduced below: -ExtractIt is specifically a question arising under the Hindu Marriage Act, 1955. Under Rule 54(7) of the C.C.S. (Pension) Rules, 1972, in case a deceased Government servant leaves behind more than one widow or a widow and eligible offspring from another widow, they are entitled to family pension in respect of that deceased Government servant. Section 11 of the Act provides that any marriage solemnized after the commencement of the Act shall be null and void and can be annulled against the other party by a decree of nullity if the same contravenes any of the conditions specified in clause (i), (iv) and (v) of Section 5 of the Act. Section 5 (1) stipulates that the marriage cannot be legally solemnized when either party has a spouse living at the time of such marriage. Therefore, any second marriage by a Hindu male after the commencement of 1955 Act during the lifetime of his first wife will be a nullity and have no legal effect. Such marriage cannot be valid on the ground of any custom. In fact, a custom opposed to an expressed provision of law is of no legal effect. So under these circumstances, the second wife will not be entitled to the family pension as a legally wedded wife.
